Chapter 5101:12-1 Support enforcement

5101:12-1-01 The support enforcement program.

(A) The office of child support (OCS) within the Ohio department of job and family services (ODJFS) has been established in accordance with section 3125.02 of the Revised Code.

(1) In accordance with section 3125.03 of the Revised Code, OCS is responsible for the establishment and administration of a support enforcement program that meets the requirements of Title IV-D of the Social Security Act, Pub. L. No. 93-647, 88 Stat. 2351 (1975), 42 U.S.C. 651 (8/22/1996), as amended, and any rules adopted under Title IV-D. The program of child support enforcement shall include:

(a) Location of custodial or non-custodial parents or alleged fathers;

(b) Establishment of parentage;

(c) Establishment and modification of child support orders and medical support orders;

(d) Enforcement of support orders;

(e) Collection of support obligations; and

(f) Any other actions appropriate to child support enforcement.

(2) In accordance with section 3125.05 of the Revised Code, OCS is responsible for the establishment of a program of spousal support enforcement in conjunction with the program of child support enforcement. The program is required to conform, to the extent practicable, to the program for child support enforcement established pursuant to section 3125.03 of the Revised Code.

(B) Pursuant to section 3125.10 of the Revised Code each county shall have a child support enforcement agency (CSEA).

(C) In accordance with section 3125.11 of the Revised Code, the CSEA shall operate a support enforcement program.

(D) In accordance with section 3125.24 of the Revised Code, the CSEA shall be operated under the supervision of OCS in accordance with the program of child support enforcement established pursuant to section 3125.03 of the Revised Code. OCS shall ensure that all child support enforcement agencies comply with all applicable state and federal support regulations, including the affirmative duties of Title IV-D of the Social Security Act.

(E) ODJFS/OCS may take action in accordance with section 5101.24 of the Revised Code when a CSEA fails to comply with the requirements of all applicable state and federal laws governing the support enforcement program, including the affirmative duties of Title IV-D of the Social Security Act.

(F) In accordance with section 3125.10 of the Revised Code, the CSEA may be organized as a government entity designated under former section 2301.35 of the Revised Code prior to October 1, 1997, or as a private or government entity designated under section 307.981 of the Revised Code on or after that date.

(G) In accordance with section 3125.12 of the Revised Code, the CSEA is required to enter into a plan of cooperation with the board of county commissioners under section 307.983 of the Revised Code and to comply with each grant agreement the board enters into under section 307.98 and contracts the board enters into under sections 307.981 and 307.982 of the Revised Code that affect the agency. As used within agency 5101 of the Administrative Code, "board of county commissioners" includes alternative forms of government authorized by Chapter 302. of the Revised Code.

(H) The CSEA's services and activities are subject to the administrative hearing procedures of division 5101:6 of the Administrative Code.

(I) Each CSEA shall:

(1) Develop and maintain a handbook of internal procedures. The CSEA shall revise the handbook whenever a program change requires modification of local procedures. The CSEA shall submit such revisions to the handbook to OCS within thirty days of the revision. The CSEA shall ensure that the handbook contains sufficient detail to be useful in orienting new staff and serves as an up-to date reference for all staff. At a minimum, the handbook must describe the local procedures in place to ensure that the program is in compliance with the Administrative Code, Revised Code, Code of Federal Regulations, and United States Code. Copies of all local forms used and instructions for completing the forms must be included. Upon request, the handbook must be available to OCS staff for program review.

(2) Develop and maintain an up-to-date agency table of organization. The table of organization must be submitted to OCS staff for review every year by the thirty-first day of December or within thirty days of any significant change to the CSEA's structure.

Effective: 03/01/2012
R.C. 119.032 review dates: 11/28/2011 and 12/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.05 , 3125.25
Rule Amplifies: 3125.02 , 3125.03 , 3125.05 , 3125.10 , 3125.11 , 3125.12 , 3125.24 , 5101.24
Prior Effective Dates: 8/1/82, 11/11/82, 7/1/83, 1/1/84, 12/1/87, 7/15/88, 6/2/89, 9/1/89, 4/1/92, 7/1/96, 1/1/98, 2/22/02, 8/26/02, 4/18/03, 6/15/06

5101:12-1-10 Support enforcement program services.

(A) The following definitions apply to the rules contained in division 5101:12 of the Administrative Code:

(1) "Case" refers to a matter involving the individual who is or may become obligated by a support order and the beneficiary of that support order.

(a) "IV-D case" means a case that has been approved for IV-D services by a child support enforcement agency (CSEA) in accordance with rule 5101:12-10-01.1 of the Administrative Code.

(b) "Non-IV-D case" means a case that receives support enforcement program services but has not been approved for IV-D services or IV-D services have been terminated.

(2) "Support order" means:

(a) Pursuant to 42 U.S.C. 653(p) (12/8/2004), and as used in Title IV-D of the Social Security Act, a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or of the parent with whom the child is living, that provides for monetary support, health care, arrearages, or reimbursement, and that may include related costs and fees, interest and penalties, income withholding, attorneys' fees, and other relief; and

(b) In accordance with division (B)(5) of section 3119.01 of the Revised Code and as used in Chapters 3119., 3121., 3123., and 3125. of the Revised Code, either an administrative child support order or a court support order.

(i) Pursuant to division (B)(1) of section 3119.01 of the Revised Code, "administrative child support order" means any order issued by a child support enforcement agency for the support of a child pursuant to section 3109.19 or 3111.81 of the Revised Code or former section 3111.211 of the Revised Code, section 3111.21 of the Revised Code as that section existed prior to January 1, 1998, or section 3111.20 or 3111.22 of the Revised Code as those sections existed prior to March 22, 2001.

(ii) In accordance with division (C)(3) of section 3119.01 of the Revised Code, "court support order" means either a court child support order or an order for the support of a spouse or former spouse issued pursuant to Chapter 3115. of the Revised Code, section 3105.18 , 3105.65 , or 3113.31 of the Revised Code, or division (B) of former section 3113.21 of the Revised Code.

(B) In accordance with section 3125.11 of the Revised Code, the CSEA shall perform all administrative duties related to any IV-D or non-IV-D case for which it has administrative responsibility to provide support enforcement program services. In accordance with section 3125.13 of the Revised Code, the CSEA may contract with public agencies and private vendors for assistance in establishing paternity or support obligations or for the performance of other administrative duties of the CSEA.

(C) The CSEA shall provide support enforcement program services to both IV-D cases and non-IV-D cases. Support enforcement program services include:

(1) Location services as described in Chapter 5101:12-20 of the Administrative Code;

(2) Establishment of parentage as described in Chapters 5101:12-40 and 5101:12-70 of the Administrative Code;

(3) Establishment and modification of child support orders and medical support orders as described in Chapters 5101:12-45, 5101:12-60, and 5101:12-70 of the Administrative Code;

(4) Enforcement of support orders as described in Chapters 5101:12-50 and 5101:12-70 of the Administrative Code;

(5) Collection of support obligations as described in Chapter 5101:12-80 of the Administrative Code; and

(6) Any other actions appropriate to child support enforcement.

Effective: 03/01/2012
R.C. 119.032 review dates: 11/28/2011 and 12/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3105.21 , 3109.05 , 3111.13 , 3113.04 , 3113.07 , 3119.65 , 3119.70
Prior Effective Dates: 8/1/82, 11/11/82, 7/1/83, 1/1/84, 12/1/87, 7/15/88, 6/2/89, 9/1/89, 10/1/90, 4/1/92, 8/1/92, 7/1/96, 2/22/02, 7/1/02, 6/15/06

5101:12-1-10.1 IV-D services.

(A) In accordance with rule 5101:12-1-01 of the Administrative Code, the child support enforcement agency(CSEA) is required to provide support enforcement program services to a case for which it has administrative responsibility. In accordance with section 3125.36 of the Revised Code, a CSEA shall make available a IV-D application to any person requesting a CSEA's assistance to locate the non-custodial parent, establish a paternity or support order, or enforce or modify a support order.

(B) An individual who receives support enforcement program services is eligible for IV-D services when the individual is:

(1) A recipient of Ohio works first (OWF), medicaid, or Title IV-E foster care maintenance (FCM) benefits for whom an assignment is still in effect;

(2) A former recipient of OWF, medicaid, or FCM in whose case there are assigned arrears;

(3) A former recipient of OWF, medicaid, or FCM in whose case there are no assigned arrears and IV-D services have not been terminated; and

(4) An individual who has signed and filed an application for IV-D services that has been approved by a CSEA and IV-D services have not since been terminated.

(C) IV-D services include all support enforcement program services described in rule 5101:12-1-10 of the Administrative Code.

(D) Due to restrictions in federal law, the following IV-D services shall only be provided to an individual who has been approved for IV-D services in accordance with this rule :

(1) Federal income tax refund offset submittals for the collection of support arrears;

(2) Withholding of unemployment compensation for the payment of support;

(3) Requests to the internal revenue service for the disclosure of taxpayer information for use in establishing and collecting support obligations;

(4) Requests to the U.S. department of treasury for the administrative offset of certain federal payments other than federal income tax refund offset for the collection of delinquent support; and

(5) Requests for certification to the U.S. district court when another state has failed to act on an Ohio support order.

Effective: 03/01/2012
R.C. 119.032 review dates: 11/28/2011 and 12/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 3125.36
Prior Effective Dates: 8/1/82, 11/11/82, 7/1/83, 11/1/83, 1/1/84, 1/7/85, 1/9/86, 1/1/87 (Emer), 3/20/87, 12/1/87, 6/10/88, 7/15/88, 12/29/88, 4/1/89, 6/2/89, 9/1/89, 12/1/89, 4/1/90, 8/1/90, 10/1/90, 4/1/91, 11/1/91, 4/1/92, 8/1/92, 7/1/96, 10/1/96, 12/30/97, 2/22/02, 7/1/02, 4/18/03, 6/15/06

5101:12-1-15 Support enforcement tracking system.

(A) In accordance with 42 U.S.C. 654a , as in effect January 5, 2009, and section 3125.07 of the Revised Code, the Ohio department of job and family services (ODJFS) has established and shall maintain a single statewide automated data processing and information retrieval system known as the support enforcement tracking system (SETS).

(1) This rule describes the general requirement for the child support enforcement agency (CSEA) to interact with SETS and the responsibilities of a user of SETS. The process for an individual or entity to gain access to SETS and authorized use or disclosure of the information contained in SETS is described in rules 5101:12-1-20 to 5101:12-1-20.3 of the Administrative Code.

(2) For the purposes of this rule use of the term "access to SETS" incorporates any SETS user profile level that grants access to data contained in any SETS database, including those profiles that only have access to the general data screens (GDS).

(B) ODJFS may deny access to SETS when an individual has been found to have unauthorized access to, or improperly used or disclosed the information contained in SETS.

(C) The office of child support (OCS) will perform the following functions with regard to access to the information contained in SETS:

(1) Review requests for access to the information contained in SETS;

(2) Determine whether requests for access will be granted; and

(3) Monitor the access to and use of the information contained in SETS to prevent and promptly identify unauthorized access to or improper use of the information contained in SETS.

(D) The CSEA shall interact with the functions of SETS according to applicable rules of the Administrative Code, Ohio law, federal law and regulations, and any written instructions provided by ODJFS. Interaction shall include, but not be limited to, the CSEA providing information or performing an activity that enables a particular SETS function to operate at its full capacity. When the CSEA is directed to perform an act under a mandate contained in an Administrative Code rule, Ohio law, federal law or regulation, or other written instructions provided by ODJFS, the act shall be considered executed when the CSEA has performed the required actions within SETS.

(E) In accordance with sections 3125.38 and 3125.39 of the Revised Code, SETS shall provide the data necessary for the performance measurements outlined in rules 5101:12-1-54 to 5101:12-1-54.2 of the Administrative Code.

(F) An individual or entity may make a request to ODJFS for SETS access. When requesting SETS access, the following forms shall be completed and returned to ODJFS by the following individuals:

(1) The JFS 07700, "SETS User Access Application" (5/2008) shall be completed by the employee of a child support enforcement agency (CSEA), ODJFS, county department of job and family services (CDJFS), public children services agency (PCSA), county agency, or a contractor requesting access to SETS.

When the profile of an existing SETS user is modified, the employee of the CSEA, ODJFS, CDJFS, PCSA, county agency, or contractor shall complete and submit to the office of child support (OCS) a new JFS 07700.

(2) The JFS 07078, "Code of Responsibility" (rev. 6/2009) shall be completed by the employee of a CSEA, ODJFS, CDJFS, PCSA, county agency, or a contractor requesting access to SETS.

(3) The JFS 07014, "Tax Information Safeguarding Authorization Agreement" (rev. 4/2008) shall be completed by the employee of a CSEA or ODJFS, or a contractor, when the employee or contractor has access to federal tax information (FTI), as defined in rule 5101:12-1-20.2 of the Administrative Code.

The JFS 07014 must be received by OCS no later than the last day of January after an individual's initial employment or re-employment. On an annual basis thereafter, the employee of a CSEA, ODJFS, or contractor shall complete and submit to OCS a new JFS 07014 no later than the last day of March.

(4) Each CSEA shall submit a JFS 07072, "Safeguarding of Internal Revenue Service (IRS), Ohio Department Of Taxation (ODT), Federal Parent Locator Service (FPLS), and Unemployment Compensation (UC) Information" (rev. 2/2006), to the deputy director of OCS within the Ohio department of job and family services no later than the last day of January each year. The JFS 07072 must be signed and dated by the director or administrator of the CSEA.

(G) Responsibilities of an individual or entity with access to SETS.

(1) The individual or entity shall adhere to the guidelines for electronic data security and use described in rules 5101:9-9-37 and 5101:9-9-38 of the Administrative Code.

(2) The individual or entity shall use SETS in accordance with the purposes described in rule 5101:12-1-20.1 of the Administrative Code, including:

(a) To perform the functions necessary to carry out the child support program, as described in rule 5101:12-1-01 of the Administrative Code; and

(b) To obtain information to respond to a request for information about a person from an individual or entity.

(3) The individual or entity shall disclose the information contained in SETS in accordance with rules 5101:12-1-20 to 5101:12-1-20.3 of the Administrative Code.

(4) The CSEA shall document in its internal procedural handbook the procedures for ensuring confidentiality of the information contained in SETS, including but not limited to, access and use of SETS, disclosure of the information contained in SETS, and the procedures for addressing unauthorized access to or improper use or disclosure of the information contained in SETS.

(5) All personnel and IV-D contractors with access to SETS shall be trained in confidentiality, safeguarding guidelines, security procedures, and the penalties for unauthorized access to or improper use or disclosure of the information contained in SETS.

Replaces: 5101:12-1-15

Effective: 03/01/2012
R.C. 119.032 review dates: 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 3125.08 , 3125.25
Rule Amplifies: 3125.07 , 3125.08 , 3125.38 , 3125.39
Prior Effective Dates: 1/1/98, 10/1/98, 7/15/02, 6/15/06

5101:12-1-20 Confidentiality of information.

(A) This rule and its supplemental rules describe the requirements for authorized access to, use, disclosure, and safeguarding of information contained in a person's case record.

(B) A reference guide for this rule and its supplemental rules are contained in the JFS 01709, "Confidentiality of Information Reference Guide" (11/2011).

(C) The following terms and definitions apply to this rule and its supplemental rules:

(1) "Agent of a court" means a person authorized to act for and under the direction of a court with the authority to issue an order for the support and maintenance of child, or to serve as the initiating court in an action to seek a child support order.

(2) "Alleged father" means a man who is believed to be or believes himself to be the natural father (also known as putative father).

(3) "Attorney of a child" means a licensed lawyer who has entered into an attorney-client relationship with either the child or the child's resident parent to provide legal representation to the child or resident parent related to the establishment of paternity, or the establishment, modification, or enforcement of child support. An attorney-client relationship imposes an ethical and fiduciary duty upon the attorney to represent the client's best interests under applicable rules of professional responsibility.

(4) "Case record" has the same meaning as in rule 5101:12-10-05 of the Administrative Code.

(5) "Case participant" means any person who is identified by a participant number in the support enforcement tracking system (SETS).

(6) "Confidential information" means any personal information, as defined in this rule, relating to a specified person or a person who can be identified by reference to one or more factors specific to him or her, including but not limited to the person's social security number, residential and mailing addresses, employment information, and financial information.

(7) "Custodial parent" means a parent of a minor child who lives in the same household as the child.

(8) "Federal parent locator service (federal PLS)" means the parent locator service established and operated by the federal office of child support enforcement.

(9) "Independent verification" or "independently verified" means the process of acquiring and confirming confidential information through the use of a second source.

(10) "IV-D case" has the same meaning as in rule 5101:12-1-10 of the Administrative Code.

(11) "Non-custodial parent (NCP)" means a parent of a minor child who does not live in the same household as the child.

(12) "Non-IV-D case" has the same meaning as in rule 5101:12-1-10 of the Administrative Code

(13) "Person" refers to an applicant or recipient of IV-D services or an individual or entity who is a case participant in a IV-D or non-IV-D case.

(14) "Personal information" means any information that describes anything about a person, or indicates action done by or to a person, or indicates that a person possesses certain personal characteristics, and that contains, and can be retrieved from a system by a name, identifying number, symbol, or other identifier assigned to a person.

(15) "Representative of a child" means a custodial parent, legal guardian, attorney of a child, guardian ad litem, or a caretaker relative having custody of, or responsibility for the child.

(16) "Requestor" means any individual or entity who has requested information.

(17) "State parent locator service (state PLS)" means the parent locator service established and operated by the office of child support (OCS) within the Ohio department of job and family services (ODJFS).

(18) "Support enforcement program services" has the same meaning as in rule 5101:12-1-10 of the Administrative Code.

(D) Use of the term "information" throughout this rule and its supplemental rules refers to confidential and personal information as defined in this rule, unless indicated otherwise.

(E) A request for information from a case participant may be made in person with proper identification. The child support enforcement agency (CSEA) at its discretion may require that the case participant complete the JFS 04001 "Request for Case Information" (11/2011) to affirm that the information being released is utilized for a valid purpose in accordance with this rule and its supplemental rules.

(F) A request for information from an individual or entity other than the case participant shall be made in writing via the JFS 04001. A public children services agency (PCSA) requests for location shall be made using the JFS 07713, "Child Welfare Agency Locate-Only Request" (5/2008).

(G) The following individuals or entities have the responsibility to maintain the confidentiality of and to safeguard all information contained in a person's case record, whether the information is contained on paper, film, computer, or any other electronic medium:

(1) Any individual with authorized access to the information contained in SETS or any other information contained in a person's case record, including a requestor who has been provided information in accordance with this chapter;

(2) A court or agent of a court who has the authority to issue an order against an NCP for the support and maintenance of child, or to serve as the initiating court in an action to seek a child support order; or

(3) An agent or attorney of the United States.

(H) No individual or entity described in paragraph (G) of this rule shall disclose any information concerning a person except for an authorized purpose in accordance with this rule and its supplemental rules.

(I) Information requests related to parental kidnapping, child custody, or visitation purposes shall be handled in accordance with rule 5101:12-20-10 of the Administrative Code.

(J) In accordance with section 3125.99 of the Revised Code, anyone who discloses information to any person or for any purpose not specifically permitted by this rule or its supplemental rules is subject to a fine of up to five hundred dollars or a prison term of up to six months or both.

(K) A CSEA, OCS, or contractor may disclose information about a person subject to the provisions and limitations described in this rule and its supplemental rules in the following manner:

(1) Disclosure of information that the CSEA, OCS, or contractor obtains from the state or federal parent locator service (PLS).

The CSEA, OCS, or contractor may use and disclose the following information about a non-custodial parent, alleged father, custodial parent, or child when the CSEA, OCS, or contractor obtains the information from the state or federal PLS in order to perform the functions necessary to carry out the child support program:

(a) Name;

(b) Social security number;

(c) Address;

(d) Employer's name;

(e) Employer's address;

(f) Employer identification number;

(g) Wages;

(h) Income;

(i) Employment-related benefits, including health care coverage; and

(j) Type, status, location, and amount of assets or debts owed by or to the person.

(2) The CSEA, OCS, or contractor may disclose any information obtained from a source other than the state or federal PLS in order to perform the functions necessary to carry out the child support program.

Replaces: 5101:12-1-20

Effective: 03/01/2012
R.C. 119.032 review dates: 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 3125.08 , 3125.25 , 3125.51
Rule Amplifies: 3125.03 , 3125.08 , 3125.49 , 3125.50
Prior Effective Dates: 11/11/88, 10/1/90, 11/15/95 (Emer), 1/30/96, 1/1/98, 4/18/03, 6/15/06

5101:12-1-20.1 Requests for information contained in a person's case record.

(A) A child support enforcement agency (CSEA), the office of child support (OCS), or contractor shall only disclose information contained in a person's case record upon the request of an individual or entity when:

(1) The disclosure is in accordance with the provisions of this rule, or

(2) The disclosure is in accordance with written permission from the person. "Written permission" means a document signed by a person or a person's legal guardian that permits an individual or entity to disclose information contained in that person's case record. Written permission shall include:

(a) The person's full name;

(b) The name and title, if any, of the individual or entity to whom the person or the person's legal guardian is permitting disclosure of information;

(c) A description of the type of information that the individual or entity is permitted to disclose;

(d) The duration of time that the person or person's legal guardian is permitting the disclosure of information; and

(e) The person's or legal guardian's signature and the date on which the written permission is signed.

(B) The CSEA, OCS, or a contractor shall disclose information that the CSEA, OCS, or contractor obtains from the state or federal parent locator service (PLS) upon the requests described in this paragraph.

(1) Request for location from a representative of a child when the child is not receiving Ohio works first (OWF) benefits.

(a) The CSEA, OCS, or contractor shall disclose information about a non-custodial parent or alleged father when the request is for the purposes of locating:

(i) An individual against whom a child support order is sought;

(ii) An individual who has or may have parental rights with respect to a child;

(iii) An obligee of a child support order; or

(iv) A parent or child involved in a non-IV-D child support case.

(b) The following is the information that the CSEA, OCS, or contractor may disclose about the non-custodial parent or alleged father to the representative of the child:

(i) Name;

(ii) Social security number;

(iii) Address;

(iv) Employer's name;

(v) Employer's address;

(vi) Employer identification number;

(vii) Wages;

(viii) Income;

(ix) Employment-related benefits, including health care coverage; and

(x) Type, status, location, and amount of assets or debts owed by or to the person.

(c) Restrictions on information disclosure:

(i) Information shall not be disclosed unless the representative of a child:

(a) Attests that the request is being made to obtain information on, or to facilitate the discovery of, any individual for the purpose of establishing parentage, or establishing, modifying, or enforcing a child support order;

(b) Attests that any information obtained through the state or federal PLS shall be used solely for the purposes described in paragraph (B)(1)(a) of this rule, and shall be otherwise treated as confidential; and

(c) Pays the fee required for federal PLS services, in accordance with 45 C.F.R. 303.70(f)(2)(i) , as in effect December 30, 2010, if the state does not pay the fee itself.

(ii) Information regarding multistate financial institution data match (MSFIDM) or state financial institution data match (SFIDM) shall not be disclosed.

(iii) Information regarding federal tax information (FTI), as defined in rule 5101:12-1-20.2 of the Administrative Code shall not be disclosed.

(iv) Information shall not be disclosed when the CSEA, OCS, or contractor has reasonable evidence of domestic violence or child abuse and the CSEA, OCS or contractor has determined that the disclosure of such information could be harmful to the custodial parent or child.

(v) Information shall not be disclosed when the disclosure of such information would contravene the national policy or security interests of the United States or the confidentiality of census data.

(2) Request for location from a court or agent of a court that is seeking to issue an order, or to serve as the initiating court in an action to seek an order, for the support and maintenance of a child.

(a) The CSEA, OCS, or contractor shall disclose information about a non-custodial parent, alleged father, custodial parent, or child when the request is for the purposes of locating:

(i) A parent;

(ii) An obligor of a child support order;

(iii) An individual against whom a child support order is sought;

(iv) An obligee of a child support order; or

(v) A parent or child involved in a non-IV-D child support case.

(b) The following is the information that the CSEA, OCS, or contractor may disclose about the non-custodial parent, alleged father, custodial parent, or child:

(i) Name;

(ii) Social security number;

(iii) Address;

(iv) Employer's name;

(v) Employer's address;

(vi) Employer identification number;

(vii) Wages;

(viii) Income;

(ix) Employment-related benefits, including health care coverage; and

(x) Type, status, location, and amount of assets or debts owed by or to the person.

(c) Restrictions on information access, use, and disclosure:

(i) Information regarding FTI shall not be disclosed unless the information is independently verified.

(ii) Information regarding MSFIDM or SFIDM shall not be disclosed.

(iii) Information shall not be disclosed when the CSEA, OCS, or contractor has reasonable evidence of domestic violence or child abuse and the CSEA, OCS or contractor has determined that the disclosure of such information could be harmful to the custodial parent or child.

(3) Request for location from a county department of job and family services (CDJFS), public children services agency (PCSA), or county agency that is administering a title IV-B or title IV-E program, in accordance with the state plan for those programs.

(a) The CSEA, OCS, or contractor shall disclose information about a non-custodial parent, alleged father, custodial parent, child, or relative of a child involved in a IV-B or IV-E case, when the purpose of the request is to locate:

(i) An individual who has or may have parental rights with respect to a child; or

(ii) A parent, child, or relative of a child in order to carry out title IV-B or IV-E program responsibilities, which include potential placement of a child removed from parental custody, placing siblings in groups, and permanency planning.

(b) The following is the information that the CSEA, OCS, or contractor may disclose about the non-custodial parent, alleged father, custodial parent, or child:

(i) Name;

(ii) Social security number;

(iii) Address;

(iv) Employer's name;

(v) Employer's address;

(vi) Employer identification number;

(vii) Wages;

(viii) Income;

(ix) Employment-related benefits, including health care coverage; and

(x) Type, status, location, and amount of assets or debts owed by or to the person.

(c) The following is the information that the CSEA, OCS, or contractor may disclose about a relative of a child involved in a IV-B or IV-E case:

(i) Name;

(ii) Social security number;

(iii) Address;

(iv) Employer's name;

(v) Employer's address; and

(vi) Employer identification number.

(d) Restrictions on information disclosure:

(i) Information regarding FTI shall not be disclosed unless the information is independently verified.

(ii) Information regarding MSFIDM or SFIDM shall not be disclosed.

(iii) When the information will be used to locate an individual who has or may have parental rights with respect to a child, national directory of new hires (NDNH) and federal case registry (FCR) information may be disclosed without independent verification.

(iv) When the information will be used for any purpose other than to locate an individual who has or may have parental rights with respect to a child, NDNH and FCR information shall not be disclosed unless the information is independently verified.

(v) Information shall not be disclosed when the CSEA, OCS, or contractor has reasonable evidence of domestic violence or child abuse and the CSEA, OCS or contractor has determined that the disclosure of such information could be harmful to the custodial parent or child.

(4) Request for information from an agency administering Title IV (aid and services to needy families with children and for child-welfare services), Title XIX (medical assistance programs), Title XXI (state children's health insurance program), and SNAP (supplemental nutrition assistance program).

(a) The CSEA, OCS, or contractor may disclose information about a person contained in SETS to an agency administering Titles IV, XIX, and XXI, and SNAP to perform its responsibilities as it relates to its program.

(b) Restrictions on information disclosure:

(i) Information regarding FTI shall not be disclosed unless the information is independently verified.

(ii) Information regarding MSFIDM or SFIDM shall not be disclosed.

(iii) When the information will be used by the IV-B or IV-E program for purpose other than to establishing parentage or establishing, modifying, or enforcing child support obligations, the information shall not be disclosed unless the information is independently verified.

(iv) When the information will be used by the medicaid program, NDNH and FCR information shall not be disclosed unless the information is independently verified.

(v) Information shall not be disclosed when the CSEA, OCS, or contractor has reasonable evidence of domestic violence or child abuse and the CSEA, OCS or contractor has determined that the disclosure of such information could be harmful to the custodial parent or child.

(vi) Information shall not be disclosed when the disclosure of such information would contravene the national policy or security interests of the United States or the confidentiality of census data.

(5) Request for state directory of new hires (SDNH) information from a CDJFS or county agency that is administering the food assistance, medicaid, or OWF programs, a state agency that is administering the unemployment compensation program, or a state agency that is administering a Title I (assistance for the aged), Title X (aid to the blind), Title XIV (aid to the permanently and totally disabled), or Title XVI (supplemental security income for the aged, blind and disabled) program, in accordance with the state plan for those programs.

(a) The CSEA, OCS, or contractor shall disclose SDNH information about a person when the purpose of the request is to verify income and eligibility for the programs of food assistance, medicaid, OWF, unemployment compensation, Title I, Title X, Title XIV, and Title XVI.

(b) The following is the SDNH information that the CSEA, OCS, or contractor may disclose about the person:

(i) Name;

(ii) Social security number;

(iii) Address;

(iv) Employer's name;

(v) Employer's address; and

(vi) Federal employer identification number.

(c) Restrictions on information disclosure:

(i) Information regarding FTI shall not be disclosed unless the information is independently verified.

(ii) Information regarding MSFIDM or SFIDM shall not be disclosed.

(iii) Information shall not be disclosed when the CSEA, OCS, or contractor has reasonable evidence of domestic violence or child abuse and the CSEA, OCS or contractor has determined that the disclosure of such information could be harmful to the custodial parent or child.

(C) The CSEA, OCS, or a contractor shall disclose information that the CSEA, OCS, or contractor obtains from a source other than the state or federal PLS upon the request of an individual or entity in the following manner:

(1) Request for information about a representative of a child or a child (regardless of whether the child is receiving OWF benefits).

(a) The CSEA, OCS, or contractor may disclose information about a representative of a child or a child when the request is for a purpose directly connected to any of the following:

(i) The support enforcement program.

(ii) The food assistance, medicaid, OWF, Title IV-B, or Title IV-E programs.

(iii) Any investigation, criminal prosecution, or civil or administrative proceeding conducted in connection with the administration of the support enforcement program or food assistance, medicaid, OWF, Title IV-B, or Title IV-E programs.

(iv) To report suspected or known instances of child abuse, exploitation, or the negligent treatment of a child who is the subject of a child support case to the appropriate agency or official.

(v) A federal, state, or local audit.

(b) The following is the information that the CSEA, OCS, or contractor may disclose about the representative of a child or a child:

(i) Information that pertains to the support order; and

(ii) Information that pertains to the representative of a child or the child.

(c) Restrictions on information disclosure:

(i) Information obtained from the state or federal PLS shall not be disclosed.

(ii) Information about any person in the child support case other than the representative of a child or the child shall not be disclosed and must be redacted from any document that will be disclosed, unless the representative of a child obtains written permission from the other person, in accordance with rule 5101:12-1-20 of the Administrative Code.

(iii) Information shall not be disclosed when the CSEA, OCS, or contractor has reasonable evidence of domestic violence or child abuse and the CSEA, OCS or contractor has determined that the disclosure of such information could be harmful to the representative of a child or child, unless the request for information is from the representative of a child or the child.

(iv) Information shall not be disclosed when the disclosure of such information would contravene the national policy or security interests of the United States or the confidentiality of census data.

(2) Request for information about a non-custodial parent or attorney of a non-custodial parent.

(a) The CSEA, OCS, or contractor may disclose information about a non-custodial parent or attorney of a non-custodial parent when the request is for a purpose directly connected to any of the following:

(i) The support enforcement program.

(ii) Any investigation, criminal prosecution, or civil or administrative proceeding conducted in connection with the administration of the support enforcement program or food assistance, medicaid, OWF, title IV-B, or title IV-E programs.

(iii) A federal, state, or local audit.

(b) The following is the information that the CSEA, OCS, or contractor may disclose about a non-custodial parent or attorney of a non-custodial parent:

(i) Information that pertains to the support order; and

(ii) Information that pertains to the non-custodial parent or attorney of the non-custodial parent.

(c) Restrictions on information disclosure:

(i) Information about any person in the child support case other than the non-custodial parent or attorney of the non-custodial parent shall not be disclosed and must be redacted from any document that will be disclosed, unless the non-custodial parent obtains written permission from the other person, in accordance with rule 5101:12-1-20 of the Administrative Code.

(ii) Information shall not be disclosed when the CSEA, OCS, or contractor has reasonable evidence of domestic violence or child abuse and the CSEA, OCS or contractor has determined that the disclosure of such information could be harmful to the representative of a child or child.

(iii) Information obtained from the state or federal PLS shall not be disclosed.

(iv) Information shall not be disclosed when the disclosure of such information would contravene the national policy or security interests of the United States or the confidentiality of census data.

Effective: 09/01/2012
R.C. 119.032 review dates: 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 3125.08 , 3125.25 , 3125.51
Rule Amplifies: 3125.03 , 3125.08 , 3125.24 , 3125.50
Prior Effective Dates: 11/11/88, 10/1/90, 11/15/95 (Emer), 1/30/96, 1/1/98, 4/18/03, 6/15/06, 3/1/12

5101:12-1-20.2 Safeguarding of information from the internal revenue service and safeguarding visit procedures.

(A) This rule describes the procedures an agency is required to follow in order to safeguard information received from the internal revenue service (IRS). The procedures for safeguarding federal tax information (FTI) are based upon the tax information security guidelines described in IRS publication 1075 (rev. 8/2010). IRS publication 1075 is available at www.irs.gov. The safeguarding requirements of this rule apply to any paper, electronic, or imaged record.

For purposes of this rule, an agency includes a child support enforcement agency (CSEA), or any public or private entity that has access to FTI.

(B) Failure to comply with the safeguarding requirements of this rule shall result in the revocation of access to the support enforcement tracking system (SETS) or any other computer application that contains information from the IRS, ohio department of taxation (ODT), state parent locator service (SPLS), federal parent locator service (FPLS), or unemployment compensation (UC).

(C) For purposes of this rule, FTI is defined as federal tax return information other than information provided by the taxpayer, including but not limited to:

(1) Address information obtained from the IRS;

(2) Social security numbers obtained from the IRS;

(3) Federal tax filing status; or

(4) Identification of the payment source as an IRS tax refund offset collection.

(D) Each CSEA shall complete and submit to the office of child support (OCS) within ODJFS a JFS 07072, "Safeguarding of Internal Revenue Service, Ohio Department of Taxation, Federal Parent Locator Service, and Unemployment Compensation Information" (rev. 2/2006) no later than the last day of March each year. The JFS 07072 must be signed and dated by the director or administrator of the CSEA.

(E) Each agency that has access to FTI shall:

(1) Submit to OCS a completed and signed JFS 07014, "Tax Information Safeguarding Authorization Agreement" (rev. 4/2008) for each agency employee who has access to FTI upon the employment or re-employment of the employee and on an annual basis no later than the last day of March thereafter.

(2) Establish, maintain, and make available to OCS or the IRS upon request, a permanent FTI tracking system, utilizing one of the following methods:

(a) The FTI tracking database provided by OCS;

(b) The JFS 07019, "Federal Tax Information Item Tracking Log" (4/2008); or

(c) An alternative FTI tracking database, provided that:

(i) The database contains all of the same data elements as the JFS 07019; and

(ii) The CSEA submits the database to OCS for approval and OCS approves the database.

(3) Establish and maintain a permanent system of standardized records with regard to a request made by the agency for FTI from the IRS, including the reason for the request, the date the request is made and the date FTI is received, and the name of the agency employee(s) having access to the information.

(4) Store FTI during non-duty hours in accordance with the secure storage and minimum protection standards described in IRS publication 1075.

(5) Limit access to file keys and safe combinations to the agency employee responsible for safeguarding FTI and a maximum of two alternates who are permitted access to the FTI.

(6) Limit access to FTI to only the agency employees who are authorized to inspect and use the information.

(7) Follow the commingling standards described in IRS publication 1075 by maintaining FTI obtained from the IRS either separately from a file or within a file. When FTI is maintained within a file, the outside jacket of the file shall have a label stating that the file contains FTI.

(8) Ensure that mail received containing FTI, that is properly labeled as described in paragraph (E)(10)(a) of this rule, is not opened before delivery to the agency employee(s) responsible for safeguarding the information.

(9) Ensure that computer stations are safeguarded utilizing appropriate methods, including but not limited to:

(a) Restricting access only to authorized staff;

(b) Password protections;

(c) Screen savers; and

(d) Logging out of the system.

(10) Ensure that correspondence containing FTI is properly transmitted in the following methods:

(a) When sending the correspondence by ordinary mail, the agency shall send the correspondence in a double-sealed envelope with a label on the inner envelope that alerts the recipient that the mail contains FTI;

(b) When sending the correspondence by electronic mail, the agency shall send the correspondence as an attachment to the electronic message that is encrypted and password protected. The text of the electronic message shall alert the recipient that the attachment contains FTI; and

(c) When sending the correspondence by facsimile (i.e., fax), the agency shall:

(i) Include a cover sheet that alerts the fax recipient that the correspondence contains FTI and indicate the name of the intended fax recipient;

(ii) Verify that the intended fax recipient is an authorized person; and

(iii) Verify that the intended fax recipient will be present at the fax machine to receive the correspondence at the time the agency sends it.

(11) Ensure that FTI is destroyed in accordance with the destruction methods described in IRS publication 1075 when FTI is no longer needed by the agency.

(12) In accordance with a schedule that shall be established by OCS, each CSEA with access to FTI shall, at the direction of OCS, either participate in a safeguarding visit or complete a safeguarding self inspection in accordance with paragraphs (F) and (G) of this rule at least once every three years.

(13) OCS shall complete a visit in accordance with paragraph (F) of this rule at least once every eighteen months for internal headquarters and facilities housing FTI.

(F) FTI safeguarding visit.

In accordance with IRS publication 1075, OCS may conduct an FTI safeguarding visit (hereafter "visit") with each agency that has access to FTI that is related to the child support program. The purpose of the visit is to ensure that adequate FTI safeguards and security measures are maintained by the agency.

(1) OCS notification of the visit.

(a) When the agency is a CSEA, OCS will notify the director or administrator and tax offset coordinator of the date and time of the visit.

(b) When the agency is not a CSEA, OCS will notify the appropriate agency point of contact of the date and time of the visit.

(2) Visit procedures.

(a) Ten business days before the visit, OCS will send a JFS 07013, "Federal Tax Information Safeguarding Questionnaire" (rev. 4/2008).

(b) The agency shall complete and return the JFS 07013 to OCS no later than three business days before the visit.

(c) OCS may perform any or all of the following activities during the visit:

(i) Select a random sample of cases to review.

(ii) Review and discuss the JFS 07013.

(iii) Review and discuss the permanent FTI tracking system the agency has elected to use.

(iv) Complete a physical walk-through of the building.

(3) Visit follow up procedures for an agency.

(a) OCS shall send to the agency an initial report documenting the visit within fifteen business days from the date of the visit. The initial report shall identify any FTI safeguarding vulnerabilities of the agency that are discovered during the visit.

(b) When the agency receives the initial report from OCS and the initial report identifies any FTI safeguarding vulnerabilities, the agency shall send to OCS a written response that describes the actions the agency shall take to remedy the vulnerabilities, including a timeline for completing the actions. The agency may also provide additional information or clarify any identified vulnerabilities contained in the initial report. The agency shall send the written response to OCS no later than thirty days after the receipt of the initial report from OCS.

(c) OCS shall respond to the agency written response described in paragraph (F)(3)(b) of this rule, indicating whether the actions proposed to remedy any vulnerabilities meet the federal or state safeguarding regulations; OCS may also request additional information from the agency. OCS shall send the final report to the agency no later than forty-five days after issuing the initial report.

(G) FTI safeguarding self-inspection.

In accordance with IRS publication 1075, OCS may require that a CSEA complete an FTI self-inspection of each agency location that has access to FTI that is related to the child support program. The purpose of the self-inspection is to ensure that adequate FTI safeguards and security measures are maintained by the agency.

(1) OCS notification for the need to complete the self-inspection.

OCS will notify the CSEA director or administrator and tax offset coordinator as to the month in which the agency is required to complete a self inspection.

(2) Self-inspection procedures.

(a) OCS will send a self-inspection report questionnaire ten days prior to the beginning of the month in which the self-inspection is scheduled.

(b) The agency shall complete its agency inspection and return the completed self-inspection report questionnaire to OCS by the last day of the self-inspection month.

(3) Self-inspection follow-up procedures.

(a) Within fifteen days of receipt of the completed self-inspection report questionnaire, OCS shall notify the agency as to whether additional information is required. Should additional information be required, the agency shall submit the additional information within fifteen days of the request for information. If no additional information is required, OCS shall notify the agency that the self-inspection report questionnaire has been accepted.

(b) Should the CSEA fail to return the self-inspection report questionnaire or respond to a request for additional information within the required timeframe, OCS reserves the right to conduct an on-site inspection in accordance with rule 5101:12-1-20.2 of the Administrative Code.

(H) Agency reporting requirements for unauthorized access to or inspection of FTI.

An agency shall comply with the following requirements, in accordance with the FTI incident response and incident reporting standards described in IRS publication 1075, including but not limited to:

(1) Training all staff in FTI incident response procedures.

(2) Routinely tracking and documenting FTI security incidents.

(3) Promptly reporting any unauthorized inspection and disclosure or use of FTI to the appropriate authority, as described in section 10 of IRS publication 1075 (revised 8/2010).

Replaces: Part of 5101:12-1- 20.2

Effective: 03/01/2012
R.C. 119.032 review dates: 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 3125.08 , 3125.25 , 3125.51
Rule Amplifies: 3125.03 , 3125.08 , 3125.43 , 3125.50
Prior Effective Dates: 8/1/82, 12/16/89, 10/1/90, 4/1/91, 1/1/92, 2/11/93, 9/1/94, 6/2/01, 7/1/02, 1/1/06, 6/15/06

5101:12-1-20.3 Safeguarding of information from the unemployment compensation program and Ohio department of taxation.

(A) This rule describes the procedures an agency is required to follow in order to safeguard information received from unemployment compensation (UC) and the Ohio department of taxation.

(B) Information received from UC:

The child support enforcement agency (CSEA) shall certify that, in accordance with sections 4141.21 , 4141.22 , and 4141.99 of the Revised Code and rule 4141-43-02 of the Administrative Code, all information and records received from UC shall be used only for the purposes of establishing and collecting child support obligations from and locating individuals owing such obligations. The CSEA shall establish and maintain security safeguards for location, wage, and benefit information.

(C) Information received from the Ohio department of taxation:

(1) In order to comply with the confidentiality requirements of section 5747.18 of the Revised Code, each CSEA shall certify that taxpayer information concerning the residential address and income of taxpayers received by the CSEA is needed for the purpose of, and will be used only for, the following:

(a) Locating obligors and establishing, enforcing, modifying and collecting child support obligations pursuant to Title IV-D of the Social Security Act; or

(b) Collecting overpaid child support from the state income tax refund of an obligee in accordance with section 5747.123 of the Revised Code.

(2) None of the information so obtained will be disclosed to anyone except for official purposes as described in section 3125.43 of the Revised Code or in compliance with a court order.

Replaces: Part of 5101:12-1- 20.2

Effective: 03/01/2012
R.C. 119.032 review dates: 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 3125.08 , 3125.25 , 3125.51
Rule Amplifies: 3125.43 , 3125.50 , 4141.21 , 4141.22 , 4141.99 , 5747.18
Prior Effective Dates: 8/1/82, 12/16/89, 10/1/90, 4/1/91, 1/1/92, 2/11/93, 9/1/94, 6/2/01, 7/1/02, 1/1/06, 6/15/06

5101:12-1-25 Record retention, disposal, and destruction of fiscal, statistical, and administrative records.

(A) The child support enforcement agency (CSEA) shall follow the procedures of retention, disposal, and destruction of records described in section 149.38 of the Revised Code, and rule 5101:9-9-21 of the Administrative Code.

(B) Pursuant to 45 C.F.R. sections 92.42 (effective 3/11/1998) and 302.15 (effective 12/20/1996), the CSEA shall retain all fiscal and statistical records and their supporting documents that are required to be maintained under the Title IV-D program, or otherwise reasonably considered as pertinent to the requirements of the Title IV-D program. These records shall be retained:

(1) For a minimum of three years from the end of the fiscal year to which the records are applicable; or

(2) In accordance with the county records commission in the county in which the CSEA serves, when the county records commission requires a retention period more than three years.

(C) Pursuant to 45 C.F.R. sections 92.42 (effective 3/11/1998) and 302.15 (effective 12/20/1996), the CSEA shall retain case records that are required to be maintained under the Title IV-D program, or otherwise reasonably considered as pertinent to the requirements of the Title IV-D program. Case records include any records described in rule 5101:12-10-05 of the Administrative Code. Case records for a case in which program services have been terminated shall be retained:

(1) For a minimum of three years; or

(2) For a longer period as determined by the county records commission.

When a balance exists on a case in which program services have been terminated and the records retention period described in this rule has run, the case records must be retained until the balance has been paid.

(D) Pursuant to 45 C.F.R. section 92.42 and section 9.01 of the Revised Code, copies made by microfilming, photocopying, digital imaging or similar methods may be substituted for the original records.

Replaces: 5101:12-1-25 and 5101:12-10-35

Effective: 07/01/2010
R.C. 119.032 review dates: 07/01/2015
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 9.01 , 149.38 , 3125.15
Prior Effective Dates: 8/1/82, 7/11/87, 12/1/87, 7/15/88, 9/1/88, 12/20/88,
6/9/89, 10/1/90, 11/1/91, 4/1/92, 1/1/93, 10/1/99, 2/22/02, 1/1/05, 6/15/06

5101:12-1-50 Program funding.

(A) Funding for allowable IV-D expenditures.

(1) Federal financial participation (FFP) at the applicable matching rate is available for reimbursement of allowable expenditures, as described in 45 C.F.R. 304, incurred in the provision of IV-D services. The FFP matching rate is a variable percentage set by federal law. The child support enforcement agency (CSEA) receives FFP in the administrative advance through the Ohio department of job and family services, as outlined in rule 5101:9-7-02 of the Administrative Code.

(2) To fund the portion of allowable IV-D expenditures not reimbursed through FFP (hereafter referred to as the non-federal share), the CSEA may use:

(a) State appropriated funds known as the state allocation;

(b) Funds appropriated by the county commissioners from the county general fund; and

(c) Processing charges collected on non-IV-D cases that are not program income.

(3) The portion of the non-federal share not met by state funds or federal incentives is designated as the county share or county obligation on the quarterly child support administrative fund reconciliation, described in rule 5101:9-7-02 of the Administrative Code. Federal regulations mandate the permissible sources from which the non-federal share can be supplied:

(a) Public funds, other than those derived from private resources, used by the CSEA for its IV-D child support enforcement program may be considered as the non-federal share in claiming federal reimbursement under the following conditions:

(i) The funds are appropriated directly to the CSEA; or

(ii) The funds are of another public agency and are treated as follows:

(a) Transferred to the CSEA and are under the CSEA's administrative control; or

(b) Certified by the contributing public agency as representing expenditures under the state's IV-D plan, subject to the limitations of this rule.

(b) Public funds used by the CSEA for its IV-D child support enforcement program may not be considered as the non-federal share in claiming federal reimbursement under the following conditions:

(i) The funds are federal funds, unless authorized by federal law to be used to match other funds; or

(ii) The funds are used to match other federal funds.

(c) Funds treated as IV-D program income pursuant to rule 5101:12-1-53 of the Administrative Code may not be considered as the non-federal share in claiming federal reimbursement.

(B) Funding for expenditures for which FFP is not allowable.

(1) Expenditures for a IV-D case for which FFP is not allowable are described in 45 C.F.R. 304. In addition, FFP is not allowable for any support enforcement program service provided to a non-IV-D case.

(2) The CSEA is responsible for all expenditures for which FFP is not allowable.

(3) For expenditures for which FFP is not allowable, the CSEA may use:

(a) Funds appropriated by the county commissioners from the county general fund; and

(b) Funds collected on non-IV-D cases for:

(i) Processing charges;

(ii) Interest; or

(iii) Copying charges.

Effective: 03/01/2012
R.C. 119.032 review dates: 11/28/2011 and 12/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.19 , 3125.21 , 3125.22
Prior Effective Dates: 8/1/82, 11/11/82, 7/1/83, 1/1/84, 12/1/87, 7/15/88, 6/2/89, 9/1/89, 10/1/90, 4/1/92, 5/1/92, 8/1/92, 1/1/93, 11/2/95, 7/1/96, 2/22/02, 7/1/02, 6/15/06

5101:12-1-51 Mandatory CSEA fiscal reports.

(A) The office of child support (OCS) in the Ohio department of job and family services (ODJFS) is required to collect certain data from the child support enforcement agencies (CSEA) and submit it to the federal office of child support enforcement. The CSEA shall submit the following reports:

(1) The JFS 02750 "Child Support Administrative Fund Monthly Financial Statement" (rev. 10/2005);

(2) The JFS 02712 "Child Support RMS - Random Moment Sample Observation Form" (rev. 3/2010); and (3) The JFS 04234 "Annual Full-Time Equivalent Report" (rev. 1/2008).

(B) Submission process and time frame.

(1) The CSEA shall submit the JFS 02750 and 02712 to ODJFS, office of fiscal and monitoring services in accordance with rule 5101:9-7-02.1 of the Administrative Code; and

(2) The CSEA shall submit the JFS 04234 to OCS on or before the fifteenth day of October. If October fifteenth is not a business day, the JFS 04234 is due by the next business day.

(C) Failure by the CSEA to timely submit the reports listed in paragraph (A) of this rule may result in the withholding of subsequent funding to the CSEA by ODJFS, office of fiscal and monitoring services until the reports have been submitted.

Replaces: Part of 5101:12-10- 40.2 and Part of 5101:12-10- 40.3

Effective: 07/01/2010
R.C. 119.032 review dates: 07/01/2015
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 3125.25
Prior Effective Dates: 8/1/82, 4/1/92, 1/1/93, 7/1/93, 7/1/97, 10/1/99, 7/1/02,
2/1/05, 1/1/06

5101:12-1-53 Program income.

(A) Revenues resulting from Title IV-D case activity shall be considered IV-D program income and shall not be used as any portion of the nonfederal share of program funding. Revenues resulting from Title IV-D case activity are deducted from expenditures presented for federal reimbursement. IV-D program income revenue shall be used for the operation of the IV-D child support program.

(B) Only revenues resulting from Title IV-D case activity shall be considered IV-D program income. Revenues resulting from non-IV-D case activity may be used at the discretion of the child support enforcement agency (CSEA) or the Ohio department of job and family services (ODJFS), including being used to provide the nonfederal share of funds for the child support program.

(C) The CSEA must report as revenue on the JFS 02750, "Child Support Enforcement Agency Quarterly Financial Statement" (rev. 10/2011), all program income described in this rule that is allocated to the CSEA and income the CSEA collects and retains. The CSEA must complete the JFS 02750 as described in rule 5101:9-7-29 of the Administrative Code.

(D) Paragraphs (D)(1) to (D)(8) of this rule identify the various forms of program income.

(1) The processing charge collected on Title IV-D cases shall be considered IV-D program income to the CSEA.

(2) Any amount earned through investment of IV-D collections, such as interest earned from collections made on behalf of child support obligees, shall be considered IV-D program income. If a CSEA or ODJFS pays service fees on an income-producing account, only the net amount (investment income less service fees) shall be reported. The CSEA or ODJFS shall maintain a record of investment revenue and service fees relative to the depository account. There is no net investment income to report nor transfer if the service fees exceed investment income.

(3) Recovered IV-D allowable payments such as IV-D allowable clerk of court fees, court costs, and genetic testing fees for paternity determination made by the CSEA shall be considered IV-D program income. If any of these items are returned to ODJFS, it is program income to ODJFS. If any is retained at the CSEA, it becomes program income to the CSEA through the administrative fund.

(4) When the CSEA does not absorb the IV-D application fee, the fee shall be considered IV-D program income to the CSEA.

(5) The CSEA may charge miscellaneous fees, such as photocopy charges, provided the fee charged is sufficient to cover costs yet nominal enough not to discourage the right of access to information in the files. The fees charged for services on IV-D cases shall be considered IV-D program income to the CSEA through the administrative fund.

(6) Unclaimed funds.

(a) A IV-D payment that becomes unclaimed pursuant to rule 5101:12-80-25 of the Administrative Code shall be reported as program income. At such time that the payment is claimed by its owner, unclaimed funds collected by the owner shall be reported as a reduction to program income.

(b) A IV-D payment that loses unclaimed status pursuant to former rule 5101:1-29-71.2 of the Administrative Code shall be reported as program income.

(7) Interest paid pursuant to section 3123.17 of the Revised Code on assigned arrears shall be considered IV-D program income to ODJFS.

(8) Any fine imposed in a IV-D case that the CSEA or ODJFS has retained shall be considered IV-D program income.

Effective: 07/15/2013
R.C. 119.032 review dates: 04/01/2013 and 07/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3119.27 , 3121.59 , 3123.17 , 3125.37
Prior Effective Dates: 1/1/91, 4/1/92, 1/1/93, 6/1/96, 10/30/97, 1/1/98, 4/24/00 (Emer), 7/10/00, 10/15/01, 1/1/05, 5/15/08

5101:12-1-54 Incentive payment.

(A) This rule and its supplemental rules describe the calculation and distribution of the Ohio incentive payment from the federal office of child support enforcement (OCSE) to the state of Ohio, and the incentive payment from the Ohio department of job and family services (ODJFS) to the child support enforcement agency (CSEA).

(B) The following definitions apply to this rule and its supplemental rules:

(1) "Federal fiscal year" means the twelve-month time period beginning October first and ending September thirtieth.

(2) "Performance category" means the following child support program areas:

(a) Establishment of paternity;

(b) Establishment of support orders;

(c) Collection of current support;

(d) Collection of past-due support; and

(e) Cost effectiveness.

(3) "Performance year" means the twelve-month time period ending September thirtieth of each year during which each CSEA's performance is measured. The performance year corresponds to the federal fiscal year, to the period of measurement of Ohio's performance by OCSE, and to the period of review for the annual self-assessment.

(C) Calculation of the Ohio incentive payment.

(1) In accordance with 42 U.S.C. 658a , as in effect January 1, 2009, OCSE determines the amount of the incentive payment for a state. The incentive payment for a federal fiscal year is equal to the incentive payment pool for the federal fiscal year, multiplied by the state incentive payment share for the federal fiscal year.

(a) The incentive payment share is the incentive base amount for a state for the federal fiscal year divided by the sum of the incentive base amounts for all of the states for the federal fiscal year.

(b) The incentive base amount is the sum of the applicable percentages, as determined in 42 U.S.C. 658a , multiplied by the corresponding maximum incentive base amounts for a state for the fiscal year, with respect to the state's measure of performance in each performance category during the federal fiscal year.

(2) The state collections base for a federal fiscal year is determined by using the following formula:

(2 x (current assistance collections + former assistance collections + medicaid collections)) + never assistance collections + fees retained by other states.

(3) The per cent contributed in each performance category to the total Ohio incentive base amount is determined by using the following formula:

Maximum incentive base amount in each performance category / total Ohio maximum incentive base amount.

(4) The amount of the Ohio incentive payment for each performance category is determined by using the following formula:

Per cent contributed in each performance category x total Ohio incentive payment.

(5) The amount of the federal incentive payment distributed to a state is an estimated amount. The actual amount of the federal incentive payment earned by a state is unknown until the end of the federal fiscal year and completion of calculations for the state data reliability audit. In accordance with the processes described at 45 C.F.R. part 305, as in effect on October 1, 2009, the final, reconciled amount would then include any necessary adjustments as a result of any previous federal incentive payment overpayments or underpayments.

(6) Payment eligibility requirements.

(a) Payment of the incentive payment is contingent on a state's data being determined complete and reliable by federal auditors in the annual data reliability audit.

(b) State data necessary to calculate a state's performance level for the incentive payment and penalties for each federal fiscal year must be submitted to OCSE by December thirty-first, which is the end of the first quarter of the next federal fiscal year.

(D) Distribution of the Ohio incentive payment.

(1) Ten per cent of the total amount of the Ohio incentive payment shall be retained by ODJFS for the provision of statewide IV-D services.

(2) Ninety per cent of the total amount of the Ohio incentive payment shall be distributed to the CSEAs to administer the local IV-D program.

(E) Payment to the CSEA.

ODJFS shall pay the CSEA through the child support administrative draw, as described in rule 5101:9-7-02 of the Administrative Code. Payments made in accordance with rule 5101:9-7-02 of the Administrative Code shall be calculated in accordance with the terms of this rule beginning January 1, 2011. In accordance with paragraph (C)(5) of this rule, the CSEA incentive payment distributed to each CSEA throughout the calendar year is an estimated amount. The actual amount of the CSEA incentive payment earned by a CSEA is unknown until the annual incentives reconciliation for the federal fiscal year occurs. In accordance with paragraph (C)(5) of this rule, the final amount would include any necessary adjustments as a result of any previous federal incentive payment overpayments or underpayments. At the close of the federal fiscal year, a comparison is made between the estimated federal incentive payment and the actual federal incentive payment earned by the state. When the comparison indicates that the estimated amount exceeds the actual amount earned by the state and a deficiency exists, ODJFS will adjust the county allocation in the succeeding months. When the comparison indicates that the actual amount earned exceeds the estimated amount and a surplus exists, ODJFS will make a one-time payment to the CSEA through the administrative advance process.

(F) Requirements for use of federal incentives.

(1) In accordance with section 5101.23 of the Revised Code and 45 C.F.R. 305.35 , as in effect on October 1, 2009, incentive funds shall only be spent for allowable Title IV-D expenditures unless approval is received from the federal department of health and human services.

(2) In accordance with 45 C.F.R. 305.35 , as in effect on October 1, 2009, state IV-D expenditures may not be reduced as a result of the receipt and reinvestment of incentive payments. A base amount will be determined by subtracting the amount of incentive funds received and reinvested in the state IV-D program for federal fiscal year 1998 from the total amount expended by the state in the IV-D program during the same period. States have an option of using the average amount of the previous three federal fiscal years as a base amount. This base amount of state spending must be maintained in future years. Incentive payments under this paragraph must be used in addition to, and not in lieu of, the base amount.

(3) In accordance with 45 C.F.R. 305.35(c) and 45 C.F.R. 305.35(d) , as in effect on October 1, 2009, a CSEA may not reduce its IV-D expenditures as a result of receipt and reinvestment of incentive payments. An evaluation of IV-D expenditures reported on the JFS 02750, "Child Support Administrative Fund Monthly Financial Statement" (rev. 10/2005), will be developed to establish a base period using an average of the three previous federal fiscal years. This average will be the IV-D expenditures level that must be maintained in future years. Incentive payments must be used in addition to, and not in lieu of, the base amount.

Replaces: 5101:12-1-54, Part of 5101:12-1- 54.1

Effective: 04/14/2011
R.C. 119.032 review dates: 04/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 5101.23
Prior Effective Dates: 10/1/85 (Emer), 1/1/86 (Emer), 4/1/86, 10/1/87 (Emer), 12/1/87 (Emer), 12/1/87, 12/24/87, 2/29/88, 7/15/88, 9/1/89 (Emer), 10/1/89, 11/30/89, 6/1/90, 10/1/90 (Emer), 11/1/91, 1/10/92, 4/1/92, 12/31/92 (Emer), 4/1/93, 7/1/93, 2/1/95, 8/1/96, 9/20/96 (Emer), 12/15/96, 1/1/98, 7/15/02, 5/12/03, 1/1/04, 11/10/05, 6/15/06

5101:12-1-54.1 Incentive payment: performance-based measure.

(A) The Ohio department of job and family services (ODJFS) shall distribute to the child support enforcement agency (CSEA) the funds identified in paragraph (D)(2) of rule 5101:12-1-54 of the Administrative Code based on each county's collections base percentage.

(B) Calculation of the county collections base percentage.

(1) County collections base = (2 x (current assistance collections + former assistance collections + medicaid collections)) + never assistance collections + fees retained by other states.

(2) Collections base percentage = county collections base divided by the sum of the collections base for all of the Ohio counties.

(C) Corrective action plan.

In accordance with section 5101.24 of the Revised Code, and at the discretion of the office of child support (OCS), the CSEA may be asked to provide to OCS a corrective action plan (CAP) based on declining performance in any performance category.

Replaces: Part of 5101:12-1- 54.1

Effective: 04/14/2011
R.C. 119.032 review dates: 04/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 5101.23
Prior Effective Dates: 10/1/85 (Emer), 1/1/86 (Emer), 4/1/86, 10/1/87 (Emer), 12/1/87 (Emer), 12/1/87, 12/24/87, 2/29/88, 7/15/88, 9/1/89 (Emer), 10/1/89, 11/30/89, 6/1/90, 10/1/90 (Emer), 11/1/91, 1/10/92, 4/1/92, 12/31/92 (Emer), 4/1/93, 7/1/93, 2/1/95, 8/1/96, 9/20/96 (Emer), 12/15/96, 1/1/98, 7/15/02, 5/12/03, 1/1/04, 11/10/05, 6/15/06

5101:12-1-54.2 Incentive payment: county self-assessment.

(A) Twenty-five per cent of the child support enforcement agency (CSEA) incentive payment, calculated in accordance with rule 5101:12-1-54.1 of the Administrative Code, shall be distributed to the CSEA subject to the limitations described in this rule.

(B) For the purposes of this rule, "self-assessment category" refers to the following child support program categories:

(1) Case closure;

(2) Establishment of paternity and support orders;

(3) Enforcement of support orders;

(4) Securing and enforcing medical support orders;

(5) Review and adjustment of support orders (public assistance cases); and

(6) Review and adjustment of support orders (non-public assistance cases).

(C) Sampling methodology for the quality assurance (QA) sample.

(1) For the purposes of this rule, the "quality assurance (QA) sample" refers to the case sample provided by the office of child support (OCS) to the CSEA, and used by the CSEA to complete the county self-assessment. The total statewide QA sample will be approximately one thousand cases per self-assessment category.

(2) For the purposes of this rule, the "federal sample" refers to the case sample used by OCS to complete the federal self-assessment, as required by 45 C.F.R. part 308, as in effect on July 21, 2008. The minimum number of cases in the federal sample is five hundred in each self-assessment category. These cases are randomly selected from the statewide caseload.

(3) Each county will receive a minimum of eleven cases in each self-assessment category. The federal sample will be distributed to each county in accordance with the process of random sample selection. The federal sample may be more or less than the eleven case minimum. If necessary, the remaining QA sample needed to meet the eleven case minimum will be randomly selected from the county caseload in each self-assessment category.

(D) Timeframes for the county self-assessment.

(1) OCS shall provide the QA sample to the CSEA by November fifteenth of each year.

(2) The CSEA shall complete and return the self-assessment to OCS by February fifteenth of the subsequent year.

(E) Completing and submitting the county self-assessment.

(1) OCS shall develop the procedures for the CSEA to follow in order for the CSEA to complete a self-assessment. Periodically, OCS will modify the procedures as appropriate.

(2) The CSEA is required to complete the county self-assessment, using the procedures as set forth by OCS, which includes but is not limited to meeting all of the following criteria:

(a) Using the software programs as designated by OCS to facilitate review and reporting procedures;

(b) Reviewing and evaluating each case in the QA sample;

(c) Applying an appropriate rating to each case in the QA sample; and

(d) Submitting the self-assessment to OCS, using the method for submission as designated by OCS, within the timeframe described in paragraph (D)(2) of this rule.

(3) Failure of the CSEA to submit a completed self-assessment to OCS by February fifteenth shall result in a twenty-five per cent reduction of the final reconciled CSEA incentive payment, as determined in accordance with paragraph (E) of rule 5101:12-1-54 of the Administrative Code.

(a) The twenty-five per cent reduction shall be imposed by reducing each monthly allocation during the calendar year following the calendar year in which the CSEA failed to submit the self-assessment to OCS.

(b) The amount of funds contained in the twenty-five per cent reduction shall be retained by ODJFS.

Effective: 04/14/2011
R.C. 119.032 review dates: 04/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 5101.23

5101:12-1-56 Assigned medical support collections incentives.

(A) The following definitions apply to this rule:

(1) "Assigned medical support" means the medicaid applicant, recipient, or participant has assigned the right to collect and retain medical support from an obligor or medical reimbursement from a third party to the Ohio department of job and family services (ODJFS).

(2) "Third party" means any private medical insurer, individual, entity, or public or private medical program that is or may be liable to pay all or part of the cost of injury, disease, or disability on behalf of a medicaid applicant, recipient, or participant.

(B) When the CSEA is made aware of an accident or injury involving the medicaid applicant, recipient, or participant, the CSEA shall complete the JFS 06613, "Accident Injury Insurance Information" (rev. 6/2009), send it to ODJFS, and send a copy to the county department of job and family services (CDJFS).

(C) When assigned medical support and assigned third party collections are received:

(1) The child support enforcement agency (CSEA) is entitled to have fifteen percent of the total collection; and

(2) ODJFS is entitled to have eighty-five per cent of the total collection.

Effective: 05/01/2012
R.C. 119.032 review dates: 12/22/2011 and 12/01/2016
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 3125.25
Prior Effective Dates: 1/7/85, 8/1/86, 12/1/87, 12/20/88, 9/1/89, 8/1/90, 6/1/91, 11/1/91, 7/15/92, 4/1/93, 1/1/98, 12/20/98, 7/1/02, 10/2/03, 1/1/07

5101:12-1-60 Expenditures eligible for federal financial participation reimbursement.

(A) This rule describes the support enforcement program services and IV-D services for which a child support enforcement agency (CSEA) may request federal financial participation (FFP) reimbursement.

FFP reimbursement is available for reasonable and necessary CSEA expenditures for services and activities provided in a IV-D case and properly attributable to the operation of the support enforcement program. FFP reimbursement principles are based upon the general principles for determining allowable costs described in 2 C.F.R., subtitle A, chapter II, part 225 (8/31/2005) (circular A-87 of the federal office of management and budget). The current FFP reimbursement rate is sixty-six per cent.

(B) The following definition applies to this rule and its supplemental rule:

"Arrest" means taking an individual into physical custody pursuant to a court-issued process and transporting that person to the court that ordered his or her arrest. It does not include incarceration, arraignment, and other activities that may occur as the result of an arrest.

(C) CSEA expenditures for the following services are eligible for FFP reimbursement when provided in a IV-D case:

(1) Support enforcement program services, which include:

(a) Location services;

(b) Establishment of parentage;

(c) Establishment and modification of child support orders and medical support orders;

(d) Enforcement of support orders;

(e) Collection of support obligations; and

(f) Any other actions appropriate to child support enforcement, which include but are not limited to:

(i) Monitoring the progress of program development and operations and evaluating the quality, efficiency, effectiveness, and scope of support enforcement program services available in the county;

(ii) The establishment of all necessary IV-D contracts with a private or governmental entity for the provision of IV-D services where the IV-D contract is established in accordance with rules 5101:12-1-80 to 5101:12-1-80.4 of the Administrative Code;

(iii) The direct cost of reasonable and essential short-term training provided to CSEA staff;

(iv) The development and maintenance of fiscal and program records and reports required to be made to the Ohio department of job and family services;

(v) Expenditures for general administrative costs (e.g., salaries, supplies, and equipment); and

(vi) The establishment and maintenance of case records.

(2) IV-D services, which include:

(a) Federal income tax refund offset submittals for the collection of support arrears;

(b) Withholding of unemployment compensation for the payment of support;

(c) Requests to the internal revenue service for the disclosure of taxpayer information for use in establishing and collecting support obligations;

(d) Requests to the internal revenue service for the collection of delinquent support; and

(e) Requests to use the U.S. district courts when another state has failed to enforce an Ohio court support order.

(3) The purchase of IV-D services when the services are purchased under a IV-D contract in accordance with rules 101:12-1-80 to 5101:12-10-80.4 of the Administrative Code, including but not limited to:

(a) Reasonable and essential short-term training of court and law enforcement staff assigned on a full- or part-time basis to support enforcement functions;

(b) Service of process and court filing fees when the court or law enforcement agency would normally be required to pay the cost of such fees;

(c) Costs incurred while making an arrest that is necessary to enforce a support obligation;

(d) Service of process fees, when the CSEA obtains written verification from the sheriff that the sheriff charges other agencies service of process fees; and

(e) Sheriff's office personnel and equipment costs, when the costs are necessary to complete service of process activities.

(D) The CSEA shall comply with the rules set forth in division 5101:9 of the Administrative Code.

Replaces: Part of 5101:12-10- 45.1

Effective: 02/15/2009
R.C. 119.032 review dates: 11/26/2008 and 02/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03
Prior Effective Dates: 12/15/86, 12/1/87 (Emer), 2/29/88, 10/1/90, 4/1/92, 1/1/93, 6/1/95, 7/1/02, 9/1/07

5101:12-1-60.1 Expenditures ineligible for federal financial participation reimbursement.

(A) This rule describes expenditures for which a child support enforcement agency (CSEA) shall not request federal financial participation (FFP) reimbursement.

(B) CSEA expenditures for which FFP reimbursement is not available include but are not limited to:

(1) Support enforcement program services provided in a non-IV-D case.

(2) Charges assessed to the CSEA by a court or clerk of court that are not uniformly assessed to another agency or official that uses the services of the court or clerk of court.

(3) Purchased IV-D services that are not purchased in accordance with or do not meet the requirements of rules 5101:12-1-80 to 5101:12-1-80.4 of the Administrative Code.

(4) The following charges assessed to the CSEA under a IV-D contract:

(a) Service of process and court filing fees unless the court or law enforcement agency would normally be required to pay the cost of such fees;

(b) Costs of compensation (salary and fringe benefits) of judges;

(c) Costs of travel and training related to the judicial determination process incurred by judges;

(d) Office related costs, such as space, equipment, furnishings and supplies, incurred by judges;

(e) Compensation (salary and fringe benefits), travel and training, and office related costs incurred by administrative and support staffs of judges;

(f) Service of process fees unless the CSEA obtains written verification from the sheriff that the sheriff charges other agencies service of process fees;

(g) Sheriff's office personnel and equipment costs unless the costs are necessary to complete service of process activities;

(h) Costs that do not meet the definition of "allowable cost," as defined in rule 5101:12-1-80 of the Administrative Code;

(i) Costs that do not meet the definition of "reasonable cost," as defined in rule 5101:12-1-80 of the Administrative Code; and

(j) Hearings, portions of hearings, or other activities related to:

(i) Visitation, custody, or change of custody;

(ii) Establishment of spousal support orders;

(iii) Enforcement of spousal support orders if no child support order exists for the same parties;

(iv) Property settlements; and

(v) Civil protection orders or domestic violence cases.

(5) Education and training programs and educational services, except short-term training of CSEA staff.

(6) Activities related to administering the following public programs:

(a) Ohio works first (OWF);

(b) Medicaid and state children's health insurance program;

(c) Social services that are provided pursuant to section 5101.46 of the Revised Code; and

(d) Old-age assistance, aid to the blind, and aid to the permanently and totally disabled.

(7) Construction and major renovations.

(8) Charges that have been reimbursed by recovered fees.

(9) Functions performed by a caseworker who is also determining eligibility for OWF or performing social services functions pursuant to section 5101.46 of the Revised Code, unless alternative arrangements as described in 45 C.F.R. 303.20(e) (6/11/2003) have been approved by the office of child support (OCS) in the Ohio department of job and family services (ODJFS).

(10) Medical support enforcement activities to pursue payments from a third party health insurer.

(11) Costs for the use of the federal parent locator service in parental kidnapping, child custody, or visitation cases.

(12) Costs for the incarceration of parents.

(13) Costs of counsel for indigent defendants.

(14) Costs of guardians ad litem.

(15) Services the CSEA is not authorized to perform under the rules set forth in division 5101:12 of the Administrative Code.

Replaces: Part of 5101:12-10- 45.1

Effective: 02/15/2009
R.C. 119.032 review dates: 11/26/2008 and 02/01/2014
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03
Prior Effective Dates: 4/1/92, 6/1/93, 6/1/95, 7/1/02, 9/1/07

5101:12-1-80 IV-D contracts: overview.

(A) This rule and its supplemental rules describe the process by which a child support enforcement agency (CSEA) enters into a IV-D contract with a governmental entity or a private entity to provide IV-D services and for the CSEA to receive federal financial participation (FFP) reimbursement to offset the cost of the purchase of the services under a IV-D contract. The principles of FFP reimbursement are described in rules 5101:12-1-60 and 5101:12-1-60.1 of the Administrative Code.

(B) The following terms and definitions apply to this rule and its supplemental rules:

(1) "Allowable cost" refers to a cost under a IV-D contract that meets the following general criteria:

(a) The cost is necessary and reasonable for the proper and efficient performance and administration of the IV-D contract.

(b) The cost is allocable to the support enforcement program under the provisions of 2 C.F.R., subtitle A, chapter II, part 225 (8/31/2005) (circular A-87 of the federal office of management and budget).

(c) The cost is authorized or not prohibited under state or local laws or regulations.

(d) The cost conforms to any limitation or exclusion under the provisions of 2 C.F.R., subtitle A, chapter II, part 225.

(e) The cost is consistent with policies, regulations, and procedures of the support enforcement program.

(f) Unless otherwise provided for in 2 C.F.R., subtitle A, chapter II, part 225, the cost is determined in accordance with generally accepted accounting principles.

(2) "Calendar quarter" means one of the following three-month time periods:

(a) January first through March thirty-first;

(b) April first through June thirtieth;

(c) July first through September thirtieth; or

(d) October first through December thirty-first.

(3) "Contractor" refers to a private or governmental entity with whom the CSEA enters into a IV-D contract.

(4) "Governmental entity" includes the following entities in the same county as the CSEA:

(a) A court;

(b) A prosecutor or other law enforcement official;

(c) A sheriff;

(d) A clerk of court;

(e) A recorder's office;

(f) A treasurer's office; or

(g) Any other public or governmental agency or official.

(5) "Initiated by the CSEA" or "CSEA initiated" refers to an activity that is started by the CSEA, which includes but is not limited to:

(a) A complaint or motion filed by the CSEA, including a complaint or motion in which the CSEA requests to be joined as a party to the case; and

(b) A court hearing or other proceeding before a magistrate that is the result of a timely objection to an administrative recommendation, determination, decision, or order issued by the CSEA.

(6) "IV-D case" means a case that has been approved for IV-D services as described in rule 5101:12-10-01.1 of the Administrative Code.

(7) "IV-D contract" means a mutually binding, legal relationship obligating a private or governmental entity to provide IV-D services in a IV-D case or perform other administrative duties of the CSEA that pertain to a IV-D case in return for payment by the CSEA. A IV-D contract is executed through the JFS 07018, "IV-D Contract" ( rev. 11/2012) and JFS 07037, "IV-D Contract Amendment" (rev. 2/2009).

(8) "IV-D contract documents" refers to the following forms:

(a) JFS 01728, "Daily Time Sheet for Non-Dedicated Principal Staff" (2/2009);

(b) JFS 01729, "Monthly Time Sheet Summary for Non-Dedicated Principal Staff" (2/2009);

(c) JFS 01730, "Dedicated Principal Staff Exception Report" (2/2009);

(d) JFS 01731, "Monthly Time Summary for Governmental Contractor" (2/2009);

(e) JFS 01772, "IV-D Contract Cover Letter" ( rev. 5/2013);

(f) JFS 02015, "IV-D Contract Time Study" (rev. 2/2009);

(g) JFS 02151, "IV-D Contract Evaluation" ( rev. 5/2013);

(h) JFS 07015, "Certification of Compliance with Competitive Sealed Bid Requirements" (rev. 2/2009);

(i) JFS 07016, "IV-D Contract Security Addendum" (rev. 2/2009);

(j) JFS 07018;

(k) JFS 07020, "Governmental Contractor IV-D Contract Budget" (rev. 2/2009);

(l) JFS 07034, "Governmental Contractor Monthly Expense Report" (rev. 2/2009);

(m) JFS 07035, "IV-D Contract Invoice" (rev. 2/2009); and

(n) JFS 07037.

(9) "IV-D services" has the same meaning as in rule 5101:12-1-10.1 of the Administrative Code.

(10) "Law enforcement official" means district attorneys, attorneys general, and similar public attorneys and prosecutors and their staff.

(11) "Non-federal share" has the same meaning as in paragraph (A)(3)(a) of rule 5101:12-1-50 of the Administrative Code. The non-federal share is calculated by subtracting the current FFP reimbursement rate, as defined in rule 5101:12-1-60 of the Administrative Code, from one hundred per cent. The remaining percentage is the non-federal share.

(12) "Not initiated by the CSEA" or "non-CSEA initiated" refers to an activity that is not started by the CSEA, which includes but is not limited to:

(a) A court hearing or other proceeding held as a result of a complaint or motion filed by a private attorney or any entity other than the CSEA;

(b) An activity performed by the CSEA in response to an action filed by a private attorney or any other entity other than the CSEA including but not limited to witness testimony, preparation of guidelines calculations, or responding to subpoenas duces tecum; and

(c) An action taken by a CSEA when the CSEA has not requested to be but is joined as a party to the case.

(13) "Private entity" means a company, organization, or individual that does not meet the definition of "governmental entity."

(14) "Reasonable cost" in accordance with 2 C.F.R., subtitle A, chapter II, part 225, means a cost that by its nature and amount does not exceed the cost that would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. Considerations include but are not limited to whether:

(a) The cost is generally recognized as an ordinary and necessary operating expense;

(b) Sound business practices and arms-length bargaining have been utilized;

(c) Market prices for comparable goods or services have been considered;

(d) The individuals involved in the IV-D contract process have acted with prudence considering the individuals' responsibilities to the CSEA; and

(e) The cost does not significantly deviate from established practices of the CSEA.

(15) "Total IV-D contract cost" means one hundred per cent of the cost of the services purchased or duties performed under a IV-D contract.

(C) IV-D contracts.

(1) In accordance with section 3125.14 of the Revised Code, the CSEA is required to enter into a IV-D contract with a court and law enforcement official in the same county as the CSEA to provide for the enforcement of a support order.

(2) If a court or law enforcement official declines or fails to enter into a IV-D contract with the CSEA, the CSEA must document any attempt to enter into a IV-D contract with the court or law enforcement official and retain the documentation in accordance with rule 5101:12-1-80.4 of the Administrative Code.

(D) Types of IV-D contracts.

The types of IV-D contracts that the CSEA may elect to enter into include but are not limited to:

(1) A IV-D contract with a prosecutor in the same county as the CSEA or a private attorney to provide legal services.

(2) A IV-D contract with a prosecutor in the same county as the CSEA to provide service of process, including warrants for arrest.

(3) A IV-D contract with the sheriff in the same county as the CSEA to provide service of process, including warrants for arrest.

The CSEA may enter into a IV-D contract with a person or private entity to provide service of process only when the CSEA determines that the sheriff is unable to provide the resources necessary for service of process in a timely manner.

(4) A IV-D contract with a private entity to provide service of process, excluding warrants for arrest.

(5) A IV-D contract with a court or a clerk of court in the same county as the CSEA to provide the duties of a clerk of court that are initiated by the CSEA.

(6) A IV-D contract with a court in the same county as the CSEA to provide magistrate services. The CSEA may elect to purchase:

(a) Only CSEA initiated activities; or

(b) Both CSEA initiated and non-CSEA initiated activities.

(7) A IV-D contract with a court in the same county as the CSEA for probation officer services to provide enforcement duties that target only individuals placed on probation for non-payment of child support when the enforcement duties of the probation officer are:

(a) Specifically for the purposes of assuring regular and continuing payments of child support; and

(b) Not generally a part of a probation officer's routine of monitoring the whereabouts and activities of an offender.

(8) A IV-D contract with a private entity to provide collection services.

In accordance with section 3125.30 of the Revised Code, the private entity shall forward any payments collected under the IV-D contract to child support payment central, within the office of office of child support (OCS), within the Ohio department of job and family services, no later than one day after the receipt of the payments.

(E) Requirements when the CSEA enters into a IV-D contract with a court for magistrate services and the CSEA elects to purchase both CSEA initiated and non-CSEA initiated activities.

(1) The court shall certify that all court hearings are conducted in compliance with Title IV-D of the Social Security Act, Pub. L. No. 93-647, 88 Stat. 2351 (1975), 42 U.S.C. 651 (8/22/1996), as amended up until the effective date of this rule, and the rules in division 5101:12 of the Administrative Code.

(2) A court hearing is defined as a hearing or other proceeding held as a result of a complaint or motion filed for the following reasons, including but not limited to:

(a) Establishment of paternity;

(b) Establishment and modification of a child support order or medical support order;

(c) Enforcement of a support order; and

(d) Collection of a support obligation.

(3) No party may be charged court costs for a court hearing unless the court costs are required by state law. If court costs are assessed and collected, the contractor shall report the collection as income on the JFS 07020.

(4) The CSEA shall certify that each case listed on the JFS 07035 was an active, open IV-D case on the date that the court hearing was held.

(F) Limitations when the CSEA intends to enter into or enters into a IV-D contract with a prosecutor or private attorney to provide legal services as described in section 3125.17 of the Revised Code:

(1) The CSEA shall not enter into a IV-D contract with a prosecutor or his or her employees as a private attorney during the prosecutor's term of office.

(2) The prosecutor or private attorney shall not represent the CSEA on matters in which that prosecutor or private attorney participated as a CSEA administrative officer making administrative determinations or issuing administrative orders.

(G) Competitive sealed bid and proposal requirements for a IV-D contract with a private entity.

(1) A CSEA administered by a county department of job and family services (CDJFS) that intends to enter into a IV-D contract with a private entity may elect to use either the competitive sealed bid process described in section 307.86 of the Revised Code, or the competitive sealed proposal process described in section 307.862 .

(2) A CSEA not administered by a CDJFS that intends to enter into a IV-D contract with a private entity shall use the competitive sealed bid process described in section 307.86 of the Revised Code.

(3) A CSEA that is not administered by a CDJFS or a CSEA that is administered by a CDJFS that elects to use the competitive sealed bid process shall comply with all competitive sealed bid requirements, including but not limited to the following:

(a) The standards for competitive sealed bidding, as described in sections 307.86 , 307.861 , 307.87 , 307.88 , 307.89 , 307.90 , 307.91 , and 307.92 of the Revised Code;

(b) The standards for acquisition, county standards of conduct, contracting with small and minority business, women's business enterprise, and labor surplus area firms, procurement methods, competition, and purchase threshold, as described in Chapter 5101:9-4 of the Administrative Code; and

(c) The standards for procurement, competition, acquisition threshold, contracting with small and minority business, women's business enterprise, and labor surplus area firms, contract cost and price, awarding agency review, and bonding requirements, as described in 45 C.F.R. 92.36 (4/19/1995).

(4) The CSEA shall complete and submit to OCS the JFS 07015 to either certify that the CSEA is in compliance with applicable state and federal laws regarding the competitive sealed bid requirements or indicate that the CSEA, if administered by a CDJFS, has elected to use the competitive sealed proposal process.

Effective: 08/15/2013
R.C. 119.032 review dates: 04/26/2013 and 08/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.13 , 3125.14 , 3125.141 , 3125.17
Prior Effective Dates: /1/75, 12/1/78 (Emer), 8/1/82, 7/1/87 (Emer), 7/1/87, 8/3/87, 12/1/87 (Emer), 12/1/87, 2/29/88, 11/27/89 (Emer), 2/1/90, 2/19/90, 4/10/92, 7/15/92, 11/1/93, 7/1/96, 2/1/97, 7/1/02, 1/1/04, 12/2/04, 2/16/06, 2/15/09

5101:12-1-80.1 Completing the IV-D contract.

(A) The child support enforcement agency (CSEA) is responsible for the contents of the IV-D contract and all incorporated IV-D contract documents, regardless of whether the IV-D contract documents were prepared by the CSEA, the contractor, or another entity.

(B) The following IV-D contract terms must be agreed upon by the parties to the IV-D contract and completed by the CSEA, the contractor, or another entity:

(1) IV-D contract period.

The IV-D contract period is for twelve months or less. When the IV-D contract period is less than twelve months, the CSEA may amend the IV-D contract to extend the IV-D contract period through the remainder of the twelve-month period or enter into a new IV-D contract for a period of twelve months or less.

(2) Unit of service.

(a) The unit of service represents the product that the CSEA is purchasing from the contractor. The CSEA and contractor shall ensure that the unit of service is:

(i) Clearly defined in the IV-D contract;

(ii) Able to be accurately counted and measured;

(iii) Related to the objectives of the support enforcement program;

(iv) Eligible for federal financial participation (FFP) reimbursement; and

(v) Provided to, for, or on behalf of a IV-D case.

(b) In a IV-D contract with a court for magistrate services, the unit of service must be defined as:

(i) An hour;

(ii) A court order that has been filed with the clerk of court; or

(iii) A court hearing presided over by a magistrate.

(c) In a IV-D contract with a clerk of court, a unit of service must be defined as a filing of a CSEA initiated document.

(d) In a IV-D contract with a sheriff for services other than service of process, a unit of service must be defined as an hour.

(e) In a IV-D contract with a prosecutor or private attorney for legal services, a unit of service must be defined as an hour.

(f) In a IV-D contract with a private entity for a service other than legal services, a unit of service must be defined according to the standard definition of a unit of service for that industry.

(3) Optional purchase of non-CSEA initiated activities.

In a IV-D contract with a court to provide magistrate services, the CSEA may elect to purchase:

(a) Only CSEA initiated activities; or

(b) Both CSEA initiated activities and non-CSEA initiated activities.

(4) IV-D contract costs.

(a) Unit rate.

(i) In a IV-D contract with a private entity, the unit rate is determined through the procurement process.

(ii) In a IV-D contract with a governmental entity:

(a) The governmental entity is prohibited from earning a profit or other increment above allowable costs from the IV-D contract.

(b) For purposes of calculating the unit rate, the following definitions apply:

(i) "Dedicated unit" means the contractor has staff within a separately designated operational unit whose only duties are to perform activities under the IV-D contract.

(ii) "Non-dedicated unit" means the contractor has staff whose duties include performing activities under the IV-D contract as well as other activities.

(iii) "Program" means services provided by either a non-dedicated unit or a dedicated unit. Costs for the program consist of the total costs associated with the production of a unit of service by that non-dedicated or dedicated unit.

(c) In a IV-D contract with a governmental entity, the unit rate shall be calculated on the JFS 07020, "Governmental Contractor IV-D Contract Budget" (rev. 2/2009), by using an estimate of the contractor's annual costs that are eligible for federal financial participation (FFP) reimbursement and an estimate of the income generated by the provider of the program.

(d) The contractor shall calculate the unit rate on the JFS 07020 by:

(i) Including one hundred per cent of the costs of the principal staff of the non-dedicated unit.

(ii) Prorating the contractor's costs for staff, operations, and equipment.

(iii) Including an estimate of the income generated by the provider of the program.

(iv) Including the estimated number of total operating units to be produced by the principal staff during the IV-D contract period.

(v) Including the estimated number of units of service to be purchased during the IV-D contract period.

(b) Total IV-D contract cost.

(i) The total IV-D contract cost is calculated by multiplying the unit cost by the number of units of service expected to be purchased during the IV-D contract period.

(ii) The CSEA shall ensure that the total IV-D contract cost includes both the non-federal share and the FFP reimbursement.

(a) In a IV-D contract with a private entity:

(i) The CSEA shall pay the non-federal share of the total IV-D contract cost;

(ii) The contractor shall not contribute the non-federal share of the total IV-D contract cost, either in cash or in kind; and

(iii) The FFP reimbursement shall not be considered as the total IV-D contract cost.

(b) In a IV-D contract with a governmental entity, the contractor may provide the non-federal share of the total IV-D contract cost.

(iii) The CSEA shall not pay the contractor more than the total IV-D contract cost.

(5) Availability of funds.

The CSEA shall identify the amount and source of non-federal funds, as described in rule 5101:12-1-50 of the Administrative Code, and the amount of FFP reimbursement that is expected to be available for the reimbursement of services to the contractor.

(6) Performance standards.

(a) The performance standards shall clearly describe the service or services that the CSEA is purchasing from the contractor and shall be:

(i) In compliance with the requirements in 45 C.F.R. Part 303 (8/4/1989);

(ii) Consistent with and no less stringent than the rules in division 5101:12 of the Administrative Code;

(iii) Developed in consultation with the contractor;

(iv) Sufficiently detailed to clearly define the expected performance;

(v) Quantifiable; and

(vi) Measurable and clearly specify the method and frequency of measurement.

(b) The CSEA shall attach a document to the JFS 07018, "IV-D Contract" ( rev. 11/2012) that describes the performance standards for the IV-D contract. When the contractor and CSEA are amending the performance standards of a IV-D contract, the CSEA shall attach a document to the JFS 07037, "IV-D Contract Amendment" (rev. 2/2009) that describes the amended performance standards.

(7) Access of program to public.

The CSEA and contractor shall describe when the contractor will provide services to the public.

(C) IV-D contract signatures.

(1) The JFS 07018 and JFS 07037 shall be signed and dated by:

(a) The authorized representative of the CSEA;

(b) The authorized representative of the contractor; and

(c) The majority of the commissioners in the county or a person formally authorized by the commissioners to sign on their behalf.

(2) If required by the county, the prosecutor shall also sign the JFS 07018 and JFS 07037.

(D) Amending the IV-D contract.

(1) After a IV-D contract is in effect, the CSEA and contractor may agree to amend the IV-D contract terms as described in paragraph (B) of this rule at any time during the IV-D contract period by completing and submitting to the office of child support (OCS) the JFS 07037.

(a) OCS shall review the IV-D contract amendment and determine whether the amendment is acceptable for purposes of FFP reimbursement.

(b) OCS shall notify the CSEA of its determination.

(2) The CSEA shall amend the IV-D contract to increase the total IV-D contract cost when the total IV-D contract cost amount is insufficient to provide services for the entire IV-D contract period and the CSEA desires to continue to purchase services for the remainder of the IV-D contract period.

(E) Modifying the IV-D contract.

Language in the JFS 07018 and JFS 07037 shall not be modified, deleted, struck out, or added, except for the following:

(1) Before signing the IV-D contract or IV-D contract amendment, the CSEA or contractor may agree to modify the language contained in the IV-D contract or IV-D contract amendment.

(a) The CSEA shall submit the proposed modifications to OCS.

(b) OCS shall review the proposed modifications and determine whether the modifications are acceptable for purposes of FFP reimbursement.

(c) OCS shall notify the CSEA of its determination.

(2) If the CSEA or contractor modifies the language in the IV-D contract or IV-D contract amendment without the agreement of both parties and acceptance from OCS, the modified IV-D contract or IV-D contract amendment will have no force or effect of law.

Effective: 08/15/2013
R.C. 119.032 review dates: 04/26/2013 and 08/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.13 , 3125.14 , 3125.17
Prior Effective Dates: 8/1/75, 8/1/82, 7/1/87 (Emer), 7/1/87, 8/3/87, 12/1/87
(Emer), 12/1/87, 2/29/88, 11/27/89 (Emer), 2/1/90, 2/19/90, 4/10/92, 7/15/92, 11/1/93, 7/1/96, 2/1/97, 7/1/02, 1/1/04, 12/2/04, 2/16/06, 2/15/09

5101:12-1-80.2 IV-D contract submission requirements and acceptance process.

(A) Submission requirements.

(1) The child support enforcement agency (CSEA) and contractor shall not add any text to any of the IV-D contract documents, or make any modifications, deletions, or strike outs to the IV-D contract documents, whether to the face of or as an addenda to the IV-D contract documents with the following exceptions:

(a) The CSEA and contractor may agree to amend the IV-D contract in accordance with paragraph (D) of rule 5101:12-1-80.1 of the Administrative Code;

(b) The CSEA and contractor may agree to modify the IV-D contract in accordance with paragraph (E) of rule 5101:12-1-80.1 of the Administrative Code; or

(c) The CSEA and contractor may agree to modify the required information in the insertable fields contained in the IV-D contract documents.

(2) The CSEA shall retain the original, completed, and signed IV-D contract and all original completed IV-D contract documents and submit to the office of child support (OCS) a copy of the following completed IV-D contract documents, as applicable:

(a) For a IV-D contract between the CSEA and a private entity:

(i) The JFS 01772, "IV-D Contract Cover Letter" ( rev. 5/2013);

(ii) The JFS 07015, "Certification of Compliance with Competitive Sealed Bid Requirements" (rev. 2/2009);

(iii) The JFS 07016, "IV-D Contract Security Addendum" (rev. 2/2009);

(iv) The JFS 07018, "IV-D Contract" ( rev. 11/2012) and attached document that describes the performance standards;

(v) The resolution of the county commissioners that authorizes the IV-D contract expenditure or the minutes of the county commissioners meeting during which the IV-D contract was authorized, unless the county commissioners have delegated the authority to enter into the IV-D contract to the county department of job and family services (CDJFS). If such delegation of contracting authority has occurred, the CSEA shall submit the certification of available funds in accordance with section 5705.41 of the Revised Code; and

(vi) Any other documents as requested by OCS.

(b) For a IV-D contract between the CSEA and a governmental entity:

(i) The JFS 01772;

(ii) The JFS 07016;

(iii) The JFS 07018 and attached document that describes the performance standards;

(iv) The JFS 07020, "Governmental Contractor IV-D Contract Budget" (rev. 2/2009);

(v) The summary page from the county's cost allocation plan, if indirect costs are included in the calculation of the budget;

(vi) The resolution of the county commissioners that authorizes the IV-D contract expenditure or the minutes of the county commissioners meeting during which the IV-D contract was authorized, unless the county commissioners have delegated the authority to enter into the IV-D contract to the CDJFS. If such delegation of contracting authority has occurred, the CSEA shall submit the certification of available funds in accordance with section 5705.41 of the Revised Code; and

(vii) Any other documents as requested by OCS.

(c) For a IV-D contract amendment between the CSEA and a private entity:

(i) The JFS 01772;

(ii) The JFS 07037, "IV-D Contract Amendment" (rev. 2/2009) and attached document that describes the amended performance standards, if applicable;

(iii) The resolution of the county commissioners that authorizes the IV-D contract expenditure or the minutes of the county commissioners meeting during which the IV-D contract was authorized, unless the county commissioners have delegated the authority to enter into the IV-D contract to the CDJFS. If such delegation of contracting authority has occurred, the CSEA shall submit the certification of available funds in accordance with section 5705.41 of the Revised Code; and

(iv) Any other documents, as requested by OCS.

(d) For a IV-D contract amendment between the CSEA and a governmental entity:

(i) The JFS 01772;

(ii) The JFS 07037 and attached document that describes the amended performance standards, if applicable;

(iii) The JFS 07020;

(iv) The resolution of the county commissioners that authorizes the IV-D contract expenditure or the minutes of the county commissioners meeting during which the IV-D contract was authorized, unless the county commissioners have delegated the authority to enter into the IV-D contract to the CDJFS. If such delegation of contracting authority has occurred, the CSEA shall submit the certification of available funds in accordance with section 5705.41 of the Revised Code; and

(v) Any other documents, as requested by OCS.

(B) Submission timeframe.

In order to ensure that the CSEA will have sufficient time to make any necessary corrections to the IV-D contract or IV-D contract amendment and be eligible to receive federal financial participation (FFP) reimbursement for the entire IV-D contract period, OCS recommends that the CSEA submit the IV-D contract or IV-D contract amendment to OCS no later than the last day of the first month of the calendar quarter for which the CSEA expects to receive FFP reimbursement.

(C) OCS review and acceptance of a IV-D contract or IV-D contract amendment.

(1) OCS shall conduct a review of a IV-D contract or IV-D contract amendment and all IV-D contract documents that shall not exceed thirty days from the receipt of the IV-D contract or IV-D contract amendment. OCS shall then make a determination of whether the IV-D contract or IV-D contract amendment appears to be valid and acceptable for purposes of FFP reimbursement in accordance with the following standards:

(a) Each IV-D contract cost appears to meet the definitions of "allowable cost" and "reasonable cost," as defined in paragraph (B) of rule 5101:12-1-80 of the Administrative Code.

(b) Each IV-D contract cost appears to be eligible for FFP reimbursement, in accordance with rules 5101:12-1-60 and 5101:12-1-60.1 of the Administrative Code.

(c) The unit of service appears to be eligible for FFP reimbursement, in accordance with rules 5101:12-1-60 and 5101:12-1-60.1 of the Administrative Code.

(d) The IV-D contract or IV-D contract amendment appears to comply with all applicable state and federal requirements.

(2) When OCS determines that a IV-D contract or IV-D contract amendment appears to be valid and acceptable for purposes of FFP reimbursement, OCS shall issue a IV-D contract acceptance letter to the CSEA.

(3) OCS shall not accept a IV-D contract or IV-D contract amendment when:

(a) The IV-D contract or IV-D contract amendment does not appear to be valid or acceptable for purposes of FFP reimbursement, in accordance with the standards described in paragraph (C)(1) of this rule.

(b) The CSEA or contractor have added text other than the required information in the insertable fields contained in any of the IV-D contract documents, or modified the IV-D contract documents, whether to the face of or as an addenda to the IV-D contract document, without the agreement of both parties to the IV-D contract and without the approval from OCS for the modifications.

OCS shall notify the CSEA when OCS determines that a IV-D contract or IV-D contract amendment does not appear to be valid and acceptable for purposes of FFP reimbursement. The CSEA may make any necessary corrections or submit to OCS a new IV-D contract or IV-D contract amendment, if appropriate.

(4) The OCS review is not intended to constitute an audit of the IV-D contract or IV-D contract amendment. The OCS review shall not replace any review or audit that may be conducted by the Ohio department of job and family services, or any other federal, state, or local entity.

Effective: 08/15/2013
R.C. 119.032 review dates: 04/26/2013 and 08/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.12 , 3125.13 , 3125.14 , 3125.17
Prior Effective Dates: 8/1/75, 8/1/82, 7/1/87 (Emer), 7/1/87, 8/3/87, 12/1/87 (Emer), 12/1/87, 2/29/88, 11/27/89 (Emer), 2/1/90, 2/19/90, 4/10/92, 7/15/92, 11/1/93, 7/1/96, 2/1/97, 7/1/02, 1/1/04, 12/2/04, 2/16/06, 2/15/09

5101:12-1-80.3 IV-D contract time and exception reporting, invoicing, monitoring, and evaluation.

(A) Time study for a IV-D contract with a court for magistrate services.

(1) The time study is used to calculate the IV-D multiplier and identify the average length of time needed to:

(a) Produce a court order, which must include the time spent preparing for and conducting a court hearing; or

(b) Conduct a court hearing.

The IV-D multiplier is a comparison of the average amount of time spent on activities that are reimbursable under the IV-D contract to the average amount of time spent on all recorded activities. The IV-D multiplier is also used to calculate the justified unit rate. The justified unit rate is used to determine the actual IV-D contract cost for invoicing purposes each month.

(2) A time study is required when the IV-D contract is with a court for magistrate services and all of the following conditions are met:

(a) The unit of service is defined as a court order or a court hearing;

(b) The IV-D contract is for child support enforcement agency (CSEA) initiated activities or both CSEA initiated activities and non-CSEA initiated activities; and

(c) The court docket includes activities that are reimbursable and not reimbursable under the IV-D contract.

(3) The time study shall be conducted:

(a) At least one time per year; and

(b) During a twelve-month period of time before the signature date on the IV-D contract; and

(c) For a total of four weeks during any calendar year. The four weeks can be:

(i) Four consecutive weeks;

(ii) One week per quarter; or

(iii) Two consecutive weeks at two different intervals.

(4) Each magistrate who performs activities under the IV-D contract shall complete one JFS 02015, "IV-D Contract Time Study" (rev. 2/2009) for each day of the time study.

(5) The contractor shall submit to the CSEA all of the JFS 02015s upon completion of all of the time studies.

(6) The CSEA shall review each JFS 02015 and work with the contractor to resolve any discrepancies in accuracy or completeness, if any. The CSEA shall maintain documentation of the review of the JFS 02015s, the results of the review, and how any identified discrepancies were resolved.

(B) Time sheet and exception reporting.

(1) For purposes of completing a time sheet or exception report, the following definitions apply:

(a) "Dedicated principal staff" means principal staff, as listed on the JFS 07020, "Governmental Contractor IV-D Contract Budget" (rev. 2/2009), who work one hundred per cent of the time on activities that are reimbursable under the IV-D contract.

(b) "Non-dedicated principal staff" means principal staff, as listed on the JFS 07020, who work less than one hundred per cent of the time on activities that are reimbursable under the IV-D contract.

(2) Time sheet requirement for a IV-D contract with a private entity.

(a) When the unit of service is defined as an hour, the contractor shall record the time spent each month on activities that are reimbursable under the IV-D contract on a time sheet that contains the following data elements and is signed by the contractor;

(b) Date;

(c) Description of activity;

(d) Time activity began;

(e) Time activity ended;

(f) Case number;

(g) Support enforcement tracking system (SETS) case number, if available; and

(h) Contractor's signature.

(3) Time sheet requirement for a IV-D contract with a governmental entity with non-dedicated principal staff.

When the unit of service is defined as an hour:

(a) The contractor shall record and certify on the JFS 01728, "Daily Time Sheet for Non-Dedicated Principal Staff" (2/2009) the time spent each day on both activities that are reimbursable and not reimbursable under the IV-D contract.

(b) The CSEA has the option to require the contractor to record and certify on the JFS 01729, "Monthly Time Sheet Summary for Non-Dedicated Principal Staff" (2/2009) the time spent each month on both activities that are reimbursable and not reimbursable under the IV-D contract. If the CSEA requires the contractor to record time on the JFS 01729, the CSEA shall include this requirement in the performance standards of the IV-D contract.

(c) The CSEA has the option to require the contractor to record on the JFS 01731, "Monthly Time Summary for Governmental Contractor" (2/2009) the time spent each month on both activities that are reimbursable and not reimbursable under the IV-D contract for each principal staff who completed a JFS 01728 for the month. If the CSEA requires the contractor to record time on the JFS 01731, the CSEA shall include this requirement in the performance standards of the IV-D contract.

(4) Exception report requirement for a IV-D contract with a governmental entity with dedicated principal staff.

When the unit of service is defined as an hour:

(a) The principal staff as listed on the JFS 07020 shall record and certify on the JFS 01730, "Dedicated Principal Staff Exception Report" (2/2009) the dates and time spent each month on both activities that are reimbursable and not reimbursable under the IV-D contract; and

(b) The CSEA has the option to require the contractor to record on the JFS 01731 the time spent each month on both activities that are reimbursable and not reimbursable under the IV-D contract for each principal staff who completed a JFS 01730 for the month. If the CSEA requires the contractor to record time on the JFS 01731, the CSEA shall include this requirement in the performance standards of the IV-D contract.

(C) Invoicing.

(1) Invoicing for a IV-D contract with a governmental entity.

(a) The contractor shall record the contractor's actual monthly costs on the JFS 07034, "Governmental Contractor Monthly Expense Report" (rev. 2/2009) to identify the justified unit rate. The contractor shall submit the JFS 07034 to the CSEA within thirty days of the last day of the month in which services were performed.

(b) The CSEA shall complete and submit to the office of child support (OCS) the JFS 07034 in the electronic spreadsheet format that is posted to the Ohio department of job and family services (ODJFS) innerweb within forty-five days of the last day of the month in which services were performed.

(c) The contractor shall complete and submit to the CSEA the JFS 07035, "IV-D Contract Invoice" (rev. 2/2009) no later than thirty days after the last day of the month in which services were performed.

(d) The contractor shall ensure that the cumulative amount invoiced to the CSEA during the IV-D contract period does not exceed the total IV-D contract cost.

(e) When the unit of service is defined as an hour, the contractor shall multiply the justified unit rate by the actual time spent on activities purchased under the IV-D contract during the month to determine the actual IV-D contract cost for the month.

(f) When the unit of service is not defined as an hour, the contractor shall multiply the justified unit rate by the number of units of service purchased during the month to determine the actual IV-D contract cost for the month.

(2) Invoice payment options for a IV-D contract with a governmental entity.

(a) The CSEA is responsible for paying the actual expenses as determined by the process described in paragraphs (C)(1)(a) to (C)(1)(f) of this rule.

(b) The CSEA may elect to pay the justified unit rate on a monthly basis as reported on the JFS 07034.

(c) The CSEA may elect to pay the unit rate as determined on the JFS 07020 and reconcile actual expenses to budgeted expenses on a quarterly basis. If the CSEA elects to reconcile actual expenses to budgeted expenses on a quarterly basis, the CSEA shall:

(i) Within forty-five days of the end of the calendar quarter, reconcile the actual expenses to the amount paid during the calendar quarter; and

(ii) Annually certify on the JFS 02151, "IV-D Contract Evaluation" ( rev. 5/2013) that the monetary reconciliation occurred for each calendar quarter during the IV-D contract period.

(3) Invoicing for a IV-D contract with a private entity.

(a) The contractor shall complete and submit to the CSEA the JFS 07035 no later than thirty days after the last day of the month in which services were performed.

(b) The contractor shall multiply the unit rate by the number of units of service provided during the month to determine the IV-D contract costs for the month.

(c) The contractor shall ensure that the cumulative amount invoiced to the CSEA during the IV-D contract period does not exceed the total IV-D contract cost.

(D) Invoice approval.

(1) Within thirty days of receipt of the JFS 07035, the CSEA shall:

(a) Review the JFS 07035; and,

(b) When the CSEA determines that the JFS 07035 is completed correctly, approve the JFS 07035 for payment.

(2) When the CSEA determines that the JFS 07035 is not completed correctly, the CSEA shall:

(a) Request the contractor amend the JFS 07035; and

(b) Within thirty days of receipt of an amended JFS 07035 that has been completed correctly, approve the amended JFS 07035 for payment.

(E) Monitoring.

(1) The CSEA shall:

(a) Monitor all activities performed under the IV-D contract to ensure that all support enforcement program requirements are met in accordance with the rules in division 5101:12 of the Administrative Code.

(b) Only reimburse the contractor for activities provided to, for, or on behalf of a case that was in open IV-D status at the time of the activity.

(c) Review the JFS 07034 that is submitted by the contractor each month in order to monitor any variation between the unit rate as listed on the JFS 07020 and the justified unit rate as calculated on the JFS 07034.

(d) Ensure that the cumulative amount reimbursed to the contractor does not exceed the total IV-D contract cost as listed on the JFS 07018, "IV-D Contract" ( rev. 11/2012) or the JFS 07037, "IV-D Contract Amendment" (rev. 2/2009).

(2) OCS shall:

(a) Review the JFS 07034 within thirty days from the date that OCS receives the JFS 07034 from the CSEA in order to monitor any variation between the unit rate as listed on the JFS 07020 and the justified unit rate as calculated on the JFS 07034.

(b) Ensure that the cumulative amount reimbursed to the contractor does not exceed the total IV-D contract cost as listed on the JFS 07018 or JFS 07037.

(F) Evaluation.

The CSEA shall:

(1) Evaluate a IV-D contract by completing a JFS 02151. The CSEA shall conduct the evaluation any time after the third quarter of the IV-D contract period but no later than ninety days after the conclusion of the IV-D contract period.

(2) Issue a copy of the JFS 02151 to the contractor and OCS within thirty days of completing the JFS 02151.

Effective: 12/01/2013
R.C. 119.032 review dates: 08/27/2013 and 08/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.12 , 3125.13 , 3125.15 , 3125.17
Prior Effective Dates: 8/1/75, 8/1/82, 7/1/87 (Emer), 7/1/87, 8/3/87, 12/1/87 (Emer), 12/1/87, 2/29/88, 11/27/89 (Emer), 2/19/90, 4/10/92, 7/15/92, 11/1/93, 7/1/96, 2/1/97, 7/1/02, 1/1/04, 12/2/04, 2/16/06, 2/15/09

5101:12-1-80.4 IV-D contract record retention.

(A) The child support enforcement agency (CSEA) and contractor shall retain all IV-D contract records:

(1) For a period of three years after the final payment is made to the contractor and all matters relating to the IV-D contract are concluded; or

(2) In accordance with the county records commission in the county in which the CSEA serves, when the county records commission requires a retention period of more than three years.

(B) IV-D contract records include but are not limited to:

(1) Documents generated as a result of the procurement process, when applicable, including proof of formal advertising and the selection of the contractor;

(2) A list of potential contractors contacted when the total IV-D contract cost is for an amount that is less than twenty-five thousand dollars or, when the county in which the CSEA serves has a contract threshold requirement that is less than twenty-five thousand dollars, the total IV-D contract cost is for an amount that is less than the local contract threshold requirement;

(3) All IV-D contract documents;

(4) Documentation of any attempt to enter into a IV-D contract with the court or law enforcement official;

(5) Any documentation that the sheriff is unable to provide the resources necessary for service of process in a timely manner when the CSEA attempts to enter into a IV-D contract with a sheriff;

(6) Any documentation from the sheriff that the sheriff charges other agencies service of process fees;

(7) Financial records;

(8) Statistical records;

(9) Any documents or correspondence, including electronic correspondence, from the office of child support (OCS) or the federal office of child support enforcement regarding the IV-D contract; and

(10) All other records regarding delivery of services under the IV-D contract.

(C) When an audit, litigation, or other action involving the IV-D contract is started before the end of the retention period, the CSEA and contractor shall retain the IV-D contract records until all issues are resolved.

(D) The CSEA and contractor shall make the IV-D contract records available to any authorized governmental representative during reasonable times. A governmental representative includes but is not limited to a representative from the:

(1) United States department of health and human services;

(2) Comptroller general of the United States;

(3) State of Ohio;

(4) County auditor; and

(5) CSEA.

(E) The CSEA shall obtain approval from the county records commission before destroying the IV-D contract records.

Replaces: 5101:12-10- 45.7

R.C. 119.032 review dates: 04/26/2013 and 04/15/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.12 , 3125.13 , 3125.14 , 3125.17
Prior Effective Dates: 8/1/75, 8/1/82, 7/1/87 (Emer), 7/1/87, 8/3/87, 12/1/87 (Emer), 12/1/87, 2/29/88, 11/27/89 (Emer), 2/19/90, 4/10/92, 7/15/92, 11/1/93, 7/1/96, 2/1/97, 7/1/02, 1/1/04, 12/2/04, 2/15/09

5101:12-1-85 [Effective until 5/1/2014]Statewide genetic testing contract.

(A) The Ohio department of job and family services (ODJFS) may enter into a contract with a laboratory that performs legally and medically acceptable genetic testing (hereinafter referred to as "contractor") to perform genetic testing in IV-D cases.

ODJFS shall provide a list of laboratories that perform legally and medically acceptable genetic testing upon the request of a court, law enforcement official, child support enforcement agency (CSEA), or a member of the public.

(B) A CSEA may participate in the statewide genetic testing contract (hereinafter referred to as "contract") by contacting the contractor to initiate services. Participation in the contract does not preclude the CSEA from contracting with another laboratory to perform genetic testing.

(C) ODJFS shall pay the cost of genetic testing performed under the contract when the cost of genetic testing for the case is eligible for federal financial participation (FFP) and:

(1) There is not a final and enforceable determination of paternity, as described in paragraph (A)(6) of rule 5101:12-40-05 of the Administrative Code;

(2) A JFS 07038, "Acknowledgment of Paternity Affidavit" (rev. 12/2006), was signed by the mother and father and an action was filed to rescind the JFS 07038 within sixty days of the signing of the JFS 07038, in accordance with paragraph (A)(1) of rule 5101:12-40-17 of the Administrative Code; or

(3) There is a final and enforceable determination of paternity and:

(a) An action was brought, pursuant to section 3111.28 of the Revised Code, by a man presumed to be the father of the child who did not sign the JFS 07038, either person who signed the JFS 07038, or a guardian or legal custodian of the child no later than one year after a JFS 07038 becomes final to rescind the JFS 07038 and the CSEA receives a court order to conduct genetic testing;

(b) A court has ordered the CSEA to conduct genetic testing as a result of one of the parties filing a motion under rule 60(B) of the Rules of Civil Procedure; or

(c) A person has filed a motion for relief from a determination of paternity or a support order in accordance with section 3119.961 of the Revised Code and:

(i) The CSEA has intervened in the action in order to defend the original paternity determination or the child support order; or

(ii) The CSEA receives a court order to conduct genetic testing.

(D) Invoice procedures.

(1) Each month, the contractor is required to submit an invoice to each CSEA for whom the contractor completed genetic testing or conducted partial testing. "Completed genetic testing" means the contractor issued genetic testing results on a case. "Partial testing" means the contractor could not complete genetic testing for a case because genetic testing samples for all the necessary parties were not received by the laboratory.

(2) Within five business days of receipt of the invoice, the CSEA shall review, sign, and mail or electronically transmit a facsimile of the invoice, along with any attachments, to the contractor.

(3) When there is a discrepancy on the invoice, the CSEA shall note the discrepancy and any necessary adjustment to the total amount billed on the invoice. A discrepancy exists when:

(a) The cost of completed genetic testing or partial testing was included on the invoice on a case that did not meet the requirements described in paragraph (C) of this rule; or

(b) Completed genetic testing was approved for payment in a previous invoice.

A CSEA that fails three times within the contract period to return the invoice to the contractor within five business days of receipt may be removed from participation in the contract for the remainder of the contract period. ODJFS shall notify the CSEA thirty days in advance of such removal.

(4) The contractor shall submit a final invoice and copies of approved or adjusted invoices and any attachments received from the CSEA to ODJFS.

(5) ODJFS shall pay the final invoice amount.

(E) The CSEA shall be responsible for paying for completed genetic testing or partial testing that was performed at the CSEA's request and did not meet the requirements described in paragraph (C) of this rule.

(F) When reimbursement is received for genetic testing costs that were paid or will be paid by ODJFS, the CSEA shall ensure that the collection is disbursed to ODJFS. A CSEA that fails to ensure the proper disbursement of such collection may be removed from participation in the statewide genetic testing contract for the remainder of the contract period. ODJFS shall notify the CSEA thirty days in advance of such removal.

When reimbursement is received for genetic testing costs for which the CSEA paid the local share on or after October 1, 2006, the CSEA may recover the local share. In order to recover the local share the CSEA shall track such collections and report the collections to ODJFS on a monthly basis in the format designated by ODJFS. ODJFS shall make the appropriate financial adjustments.

(G) When a CSEA has been prohibited from participating in the contract, the CSEA shall secure a local genetic testing contract.

Replaces: 5101:1-31-26, Part of 5101:1-30-29

Effective: 12/15/2006
R.C. 119.032 review dates: 12/01/2011
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3111.45 , 3125.03
Prior Effective Dates: 8/1/82, 8/1/90, 7/15/92, 6/1/93, 7/1/93 (Emer), 9/1/93, 9/27/93, 7/1/95, 1/1/97, 10/30/97, 1/1/98, 7/1/02, 4/18/03

5101:12-1-85 [Effective 5/1/2014]Statewide genetic testing contract.

(A) The Ohio department of job and family services (ODJFS) may enter into a contract with a laboratory that performs legally and medically acceptable genetic testing (hereinafter referred to as "contractor") to perform genetic testing in IV-D cases.

ODJFS shall provide a list of laboratories that perform legally and medically acceptable genetic testing upon the request of a court, law enforcement official, child support enforcement agency (CSEA), or a member of the public.

(B) A CSEA may participate in the statewide genetic testing contract (hereinafter referred to as "contract") by contacting the contractor to initiate services. Participation in the contract does not preclude the CSEA from contracting with another laboratory to perform genetic testing.

(C) ODJFS shall pay the cost of genetic testing performed under the contract when the cost of genetic testing for the case is eligible for federal financial participation (FFP) and:

(1) There is not a final and enforceable determination of paternity, as described in paragraph (A)(6) of rule 5101:12-40-05 of the Administrative Code;

(2) A JFS 07038, "Acknowledgment of Paternity Affidavit" (effective or revised effective date as identified in rule 5101:12-1-99 of the Administrative Code), was signed by the mother and father and an action was filed to rescind the JFS 07038 within sixty days of the signing of the JFS 07038, in accordance with paragraph (C) of rule 5101:12-40-17 of the Administrative Code; or

(3) There is a final and enforceable determination of paternity and:

(a) An action was brought, pursuant to section 3111.28 of the Revised Code, by a man presumed to be the father of the child who did not sign the JFS 07038, either person who signed the JFS 07038, or a guardian or legal custodian of the child no later than one year after a JFS 07038 becomes final to rescind the JFS 07038 and the CSEA receives a court order to conduct genetic testing;

(b) A court has ordered the CSEA to conduct genetic testing as a result of one of the parties filing a motion under rule 60(B) (7/1/1970) of the Rules of Civil Procedure; or

(c) A person has filed a motion for relief from a determination of paternity or a support order in accordance with section 3119.961 of the Revised Code and:

(i) The CSEA has intervened in the action in order to defend the original paternity determination or the child support order; or

(ii) The CSEA receives a court order to conduct genetic testing.

(D) Invoice procedures.

(1) Each month, the contractor is required to submit an invoice to each CSEA for whom the contractor completed genetic testing or conducted partial testing. "Completed genetic testing" means the contractor issued genetic testing results on a case. "Partial testing" means the contractor could not complete genetic testing for a case because genetic testing samples for all the necessary parties were not received by the laboratory.

(2) Within five business days of receipt of the invoice, the CSEA shall review, sign, and mail or electronically transmit a facsimile of the invoice, along with any attachments, to the contractor.

(3) When there is a discrepancy on the invoice, the CSEA shall note the discrepancy and any necessary adjustment to the total amount billed on the invoice. A discrepancy exists when:

(a) The cost of completed genetic testing or partial testing was included on the invoice on a case that did not meet the requirements described in paragraph (C) of this rule; or

(b) Completed genetic testing was approved for payment in a previous invoice.

A CSEA that fails three times within the contract period to return the invoice to the contractor within five business days of receipt may be removed from participation in the contract for the remainder of the contract period. ODJFS shall notify the CSEA thirty days in advance of such removal.

(4) The contractor shall submit a final invoice and copies of approved or adjusted invoices and any attachments received from the CSEA to ODJFS.

(5) ODJFS shall pay the final invoice amount.

(E) The CSEA shall be responsible for paying for completed genetic testing or partial testing that was performed at the CSEA's request and did not meet the requirements described in paragraph (C) of this rule.

(F) When reimbursement is received for genetic testing costs that were paid or will be paid by ODJFS, the CSEA shall ensure that the collection is disbursed to ODJFS. A CSEA that fails to ensure the proper disbursement of such collection may be removed from participation in the statewide genetic testing contract for the remainder of the contract period. ODJFS shall notify the CSEA thirty days in advance of such removal.

When reimbursement is received for genetic testing costs for which the CSEA paid the local share on or after October 1, 2006, the CSEA may recover the local share. In order to recover the local share the CSEA shall track such collections and report the collections to ODJFS on a monthly basis in the format designated by ODJFS. ODJFS shall make the appropriate financial adjustments.

(G) When a CSEA has been prohibited from participating in the contract, the CSEA shall secure a local genetic testing contract.

Effective: 05/01/2014
R.C. 119.032 review dates: 11/26/2013 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3111.45 , 3125.03
Prior Effective Dates: 8/1/82, 8/1/90, 7/15/92, 6/1/93, 7/1/93 (Emer), 9/1/93, 9/27/93, 7/1/95, 1/1/97, 10/30/97, 1/1/98, 7/1/02, 4/18/03, 12/15/06

5101:12-1-87 Statewide contract for location and collection services. [Rescinded].

Rescinded eff 11-1-08

5101:12-1-90 Account information access agreements.

(A) The federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, 110 Stat. 2105 (1996), 42 U.S.C. 666(a)(17) January 1, 1998, enacted in Ohio as sections 3121.74 to 3121.78 and 3123.24 to 3123.38 of the Revised Code, requires that states enter into agreements with financial institutions doing business in the state to conduct quarterly matches of obligors who owe past-due support with funds on deposit in the financial institution.

(B) The office of child support (OCS) in the Ohio department of job and family services (ODJFS) is authorized to enter into account information access agreements with financial institutions doing business in this state and with financial institutions doing business in other states.

OCS has joined an alliance of states for the purpose of participating in the financial institution data match (FIDM) program with financial institutions doing business in Ohio. The alliance facilitates the use of the FIDM program with a single state financial institution (SSFI) that does business in Ohio and with SSFIs in other states that do business only within the state in which they are located. A "single state financial institution" is a financial institution conducting business in only one state.

Replaces: Part of 5101:12-55-10

Effective: 12/01/2011
R.C. 119.032 review dates: 12/01/2016
Promulgated Under: 119.03
Statutory Authority: 3121.78 , 3125.25
Rule Amplifies: 3121.74 , 3121.76 , 3121.77 , 3121.99 , 3123.25 , 3123.38
Prior Effective Dates: 8/17/99, 10/1/01, 10/2/06

5101:12-1-99 [Effective ]Chapter 5101:12-1 forms - Ohio support enforcement program.

The forms identified in this rule are referenced within various rules contained within division 5101:12 of the Administrative Code. The effective or revised effective dates of the forms are as follows:

(A) JFS 01709, "Confidentiality of Information Reference Guide" (11/2011);

(B) JFS 01728, "Daily Time Sheet for Non-Dedicated Principal Staff" (2/2009);

(C) JFS 01729, "Monthly Time Sheet Summary for Non-Dedicated Principal Staff" (2/2009);

(D) JFS 01730, "Dedicated Principal Staff Exception Report" (2/2009);

(E) JFS 01731, "Monthly Time Summary for Governmental Contractor" (2/2009);

(F) JFS 01772, "IV-D Contract Cover Letter" (rev. 5/2013);

(G) JFS 02015, "IV-D Contract Time Study" (rev. 2/2009);

(H) JFS 02151, "IV-D Contract Evaluation" (rev. 5/2013);

(I) JFS 02750, "CFIS Local Quarterly Financial Statement" (rev. 10/2011)

(J) JFS 04001, "Request for Case Information" (11/2011);

(K) JFS 04234, "Annual Full-Time Equivalent Report" (rev. 1/2008);

(L) JFS 06613, "Accident/Injury Insurance Information" (rev. 6/2009);

(M) JFS 07014, "Tax Information Safeguarding Authorization Agreement" (rev. 4/2008);

(N) JFS 07013, "Federal Tax Information Safeguarding Questionnaire" (rev. 4/2008);

(O) JFS 07015, "Certification of Compliance with Competitive Sealed Bid Requirements" (rev. 2/2009);

(P) JFS 07016, "IV-D Contract Security Addendum" (rev. 2/2009);

(Q) JFS 07018; "IV-D Contract" (rev. 12/2013);

(R) JFS 07019, "Federal Tax Information Item Tracking Log" (4/2008);

(S) JFS 07020, "Governmental Contractor IV-D Contract Budget" (rev. 2/2009);

(T) JFS 07034, "Governmental Contractor Monthly Expense Report" (rev. 2/2009);

(U) JFS 07035, "IV-D Contract Invoice" (rev. 2/2009);

(V) JFS 07037, "IV-D Contract Amendment" (rev. 12/2013);

(W) JFS 07038, "Acknowledgment of Paternity Affidavit" (05/2014);

(X) JFS 07072, "Safeguarding of Internal Revenue Service (IRS), Ohio Department Of Taxation (ODT), Federal Parent Locator Service (FPLS), and Unemployment Compensation (UC) Information" (rev. 2/2006);

(Y) JFS 07078, "Code of Responsibility" (rev. 6/2009);

(Z) JFS 07700, "SETS User Access Application" (rev. 5/2008); and

(AA) JFS 07713, "Child Welfare Agency Locate-Only Request" (5/2008).

Effective: 05/01/2014
R.C. 119.032 review dates: 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3125.03 , 3125.25